Resources
How to remove a construction lien in Michigan
Michigan law allows a contractor who makes an improvement to real property to record a construction lien against the owner of the property to secure repayment. Once the lien is recorded, it is then served on the property owner. This unnerves most homeowners who...
Boundary Line Disputes in Michigan
What happens if you discover your fence or driveway is on your neighbor's property? What do you do if your neighbor encroaches on your land? This often happens when a new survey is completed, often as part of the sale of property. Boundary line disputes can be...
Michigan Professional Service Liens
In December of 2018, the Michigan Construction Lien Act (CLA) was amended to provide protection for certain design professionals. The CLA now provides specific lien rights and procedures for creating and perfecting lien rights for professional services...
Michigan’s Natural Flow Doctrine
This weekend's major flooding in Midland Michigan is sure to raise lots of questions regarding drainage between neighbors. Michigan subscribes to the "natural flow" doctrine which provides that higher elevation properties have a natural right to drain its...
Don’t Pay for a Business, But Only Buy a Job!
I see the ruins of a failed small business multiples times a year when either the seller or buyer is in my office looking for help picking up the pieces. The common characteristics are seller financing, few hard assets (ie - no real estate), and a business driven by...
Steps in a Felony Case
If you have found yourself facing criminal charges, this can be a very worrisome time in your life. Whether this is your first encounter with the criminal justice system or not, often just the fear of the unknown in these situations can cause a tremendous amount of...
How is Custody Determined by Michigan Courts?
The general term “custody” encompasses two closely related, but different concepts: legal and physical custody. Put simply, legal custody refers to the ability to make significant decisions in your child’s life. Physical custody generally refers to where the child...
STEPS IN A MISDEMEANOR CRIMINAL PROCEEDING
If you have found yourself facing criminal charges, this can be a very worrisome time in your life. Whether this is your first encounter with the criminal justice system or not, often just the fear of the unknown in these situations can cause a tremendous amount of...
No Need to Reply to Affirmative Defenses
One of my pet peeves relate to demands for a reply to affirmative defenses. I've always considered this to be a pointless and wasteful exercise. I'm annoyed when opposing counsel makes such a demand and causes my client to needlessly incur fees to do the obvious. By a...
Limitations to the “Written Instrument” judgment interest rate in Michigan
The statutory money judgment interest rate in Michigan is at a new low - - 2.553% as of January 1, 2011. With this paltry statutory rate, the inquiry of the applicable judgment interest rate takes on added importance. If you are defending a judgment debtor, don’t...