BATTLE CREEK'S BEST CRIMINAL DIVORCE AND CUSTODY LAWYERS - CALL: (269) 447-1525
First make sure you file an Answer to the lawsuit within 21 days of being personally served. If you fail to answer on time, you will be defaulted and a judgment in the full amount can be entered against you. If the lawsuit amount is more than $25,000, than it is in the Calhoun County Circuit Court. If it is less than $25,000, then it is in the Battle Creek District Court.
Then your lawsuit can be handled in the Battle Creek District Court Small Claims Division. These cases are usually handled by a magistrate rather than a judge. Only the parities to the lawsuit can appear for small claims. Attorneys are not allowed in small claims court cases and the case would have to be removed to district court.
When two or more parties have an agreement for the performance of services or the purchase of goods or property, and a party fails to do what they agreed. An agreement concerning real estate must be in writing. If you have a breach of contract situation, call us today for a free phone consultation.
The standard of review on appeal is determined by whether a particular issue is a question of law or a question of fact. “Questions of law are reviewed de novo on appeal.” Brucker v McKinlay Transp, 225 Mich App 442 (1997). The proper interpretation of a contract is a question of law that is reviewed de novo on appeal. Phillips v Homer (In re Egbert R Smith Tr), 480 Mich 19 (2008). “[F]actual findings are reviewed under the ‘clearly erroneous’ standard of review.” Brucker, 225 Mich App at 448.
The initial question of whether a contract is ambiguous is a question of law. DaimlerChrysler Corp v Wesco Distribution, the initial question of whether a contract is ambiguous is a question of law. DaimlerChrysler Corp v Wesco Distribution, 281 Mch App 240 (2008). Thus, the initial question of whether a given contract is ambiguous is always subject to de novo review. See also DaimlerChrysler Corp (whether contract is ambiguous is question of law for court to decide). The de novo standard of review applies when the contract terms are unambiguous. Prentis Family Found, Inc v Barbara Ann Karmanos Cancer Inst, 266 Mich App 39 (2005).
On the other hand, the clearly erroneous standard may be applied if the contractual language is ambiguous or incomplete or if the circumstances are unusual. Zinchook v Turkewycz, 128 Mich App 513 (1983). Situations involving extrinsic, nondocumentary evidence are reviewed under the clearly erroneous standard. Brown v Forrester Constr Co, 372 Mich 204 (1963).
Michigan requires that every vehicle be insured. Since it is a no fault insurance state, the vehicle repairs and uncovered medical expenses are paid by the insurance covering each vehicle. However, if you do not have insurance, you can be sued by the other driver's insurance company for the costs associated with the accident.
A tenant can be evicted for non-payment of rent or for breaching a condition of the lease agreement. In addition, if it is a month-to-month lease, then the tenant can be evicted after being given 30 days notice. If you evict a tenant, make sure you provide an accounting of any off-sets against the security deposit and mail it to the tenant.
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