Michigan Legal Questions & Answers
73 plain-English answers to common Michigan law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Michigan?
Michigan property owners protest to the local March Board of Review (MCL 211.30) — appearance is a jurisdictional prerequisite to further appeal. Then file Form L-4035 with the…
- How does the lemon law process work in Michigan?
Michigan's New Motor Vehicle Warranties Act, MCL 257.1401-1410, presumes a lemon after 4 repair attempts on the same defect or 30+ days out of service within the first 12 months…
- How much of my wages can be garnished in Michigan?
Michigan follows the federal CCPA cap. Under MCL 600.4012 and federal law, garnishment is limited to the lesser of 25% of disposable earnings OR the amount above 30 times the…
- How do I file a construction lien in Michigan?
Subs serve Notice of Furnishing within 20 days of first work. Record Claim of Lien in register of deeds within 90 days of last work and serve owner. Suit within 1 year. Mich…
- What is the personal injury statute of limitations in Michigan?
Michigan provides 3 years for personal injury under MCL 600.5805(2). Medical malpractice is 2 years with a 6-year repose (MCL 600.5838a). Claims against governmental agencies…
- How does small claims court work in Michigan?
Michigan small claims handles disputes up to $7,000 under MCL 600.8401. Filing fees range $30-$70. Attorneys are barred from representing parties under MCL 600.8408. Defendants…
- How do I set aside a default judgment in Michigan?
Move under MCR 2.603(D) within 21 days of entry of the default (for default), or under MCR 2.612(C) for relief from a default judgment within one year for mistake, newly…
- Who is liable if a dog bites me in Michigan?
Michigan imposes strict liability under MCL 287.351 when the victim is lawfully on public or private property and did not provoke the dog. No prior bite or scienter required…
- What can I do if I'm a victim of identity theft in Michigan?
Michigan classifies identity theft as a 5-year felony under MCL 445.65, with enhancements to 10 or 15 years for repeat offenses. Credit freezes are free under federal law. MCL…
- How does comparative fault work in Michigan?
Michigan follows modified comparative fault with a 51% bar for noneconomic damages under MCL § 600.2959 — a plaintiff more than 50% at fault recovers only economic damages, not…
- How do I file a public records request in Michigan?
Michigan FOIA (MCL § 15.231 et seq.) requires agencies to respond within 5 business days, extendable by 10. Copy and labor fees follow a detailed statutory schedule with the first…
- What is the statute of limitations for contract claims in Michigan?
Michigan imposes a 6-year SOL for both written and oral contracts under MCL § 600.5807(9). UCC sale-of-goods claims carry a 4-year SOL under MCL § 440.2725, running from tender of…
- What money in my bank account is protected from creditors in Michigan?
Michigan exempts public benefits, retirement accounts, and 60% of wages under MCL § 600.5311. Tenancy-by-entireties joint accounts of married couples are fully protected from one…
- How do I appeal a denied Social Security disability claim in Michigan?
Michigan's Disability Determination Services (DDS), within the Department of Health and Human Services, handles initial SSDI/SSI reviews from Lansing, Detroit, and Kalamazoo…
Criminal (10)
- What are OWI penalties in Michigan?
Michigan calls it OWI (Operating While Intoxicated) under MCL § 257.625, with a .08 BAC limit (.04 commercial, .02 under 21). A first OWI is a misdemeanor with up to 93 days jail…
- How do I expunge a criminal record in Michigan?
Michigan's Clean Slate Act (PA 187-193 of 2020, effective April 2021) dramatically expanded eligibility. AUTOMATIC expungement began April 11, 2023, for many misdemeanors (7-year…
- How do I get a concealed carry permit in Michigan?
Michigan issues a Concealed Pistol License (CPL) through the county clerk under MCL 28.425b. You must be 21+, complete 8 hours of approved training including live-fire, submit…
- What are the search warrant requirements in Michigan?
Michigan search warrants are governed by MCL § 780.651 et seq. A sworn affidavit of probable cause must be presented to a magistrate or judge. MCL § 780.656 codifies…
- Can I legally record a phone call or conversation in Michigan?
Michigan is a one-party consent state by the prevailing modern reading of Mich. Comp. Laws § 750.539c (Sullivan v. Gray, 1982). A party to the conversation may record without…
- How does bail work in Michigan?
Michigan governs bail under MCR 6.106 and MCL 765.1 et seq. Personal recognizance is presumed for most offenses; cash, surety, and 10% bonds available. Arraignment must occur…
- How does plea bargaining work in Michigan?
Michigan plea procedure is governed by MCR 6.301-6.310. Guilty, nolo contendere, and Alford pleas are recognized. A defendant may not appeal a plea-based conviction without leave…
- How do I sue police for misconduct in Michigan?
42 U.S.C. § 1983 is the federal vehicle. Michigan has not abolished QI; the Governmental Tort Liability Act (MCL § 691.1407) provides broad state immunity. Federal SOL borrows…
- When can a private citizen make a citizen's arrest in Michigan?
Under Mich. Comp. Laws § 764.16, a private person may arrest another for a felony committed in their presence, for a felony actually committed by the arrestee, or for actively…
- What pretrial diversion or drug court programs exist in Michigan?
Michigan offers HYTA under MCL § 762.11 for ages 17-25, MCL § 333.7411 deferral for first-time drug offenses, Domestic Violence diversion under MCL § 769.4a, and specialty…
Employment (10)
- What is the minimum wage in Michigan?
Michigan's minimum wage is $10.56/hour effective Jan. 1, 2025, and rose to $12.48/hour on Feb. 21, 2025, under the Michigan Supreme Court's 2024 Mothering Justice ruling restoring…
- How do I file a workers compensation claim in Michigan?
Michigan workers' comp is governed by the Workers' Disability Compensation Act (MCL 418.101 et seq.) and administered by the Workers' Disability Compensation Agency. You must…
- How do I file for unemployment benefits in Michigan?
File online at michigan.gov/uia through MiWAM. Michigan pays $150-$362/week (plus $6 per dependent up to $30) for up to 26 weeks. Need wages in at least 2 quarters totaling 1.5×…
- What is wrongful termination in Michigan?
Michigan is an at-will state that recognizes both an implied contract exception (Toussaint v. Blue Cross, 1980) and a public policy tort (Suchodolski v. Michigan Consolidated Gas…
- How do I file a workers' compensation claim in Michigan?
Notify your employer within 90 days (MCL 418.381) and file an Application for Mediation or Hearing (Form WC-104A) with the Workers' Disability Compensation Agency within 2 years…
- Can I sue for wrongful termination in Michigan?
Michigan is at-will but recognizes Suchodolski public-policy exceptions and the Toussaint implied-contract doctrine. ELCRA (MCL 37.2101) and the Whistleblowers' Protection Act…
- What are my rights against workplace harassment in Michigan?
The Elliott-Larsen Civil Rights Act (MCL 37.2101) covers all employers (1+) and was amended in 2023 (after *Rouch World*) to explicitly include sexual orientation and gender…
- Can my employer drug test me in Michigan?
Michigan permits employer drug testing with no comprehensive statute. The Michigan Regulation and Taxation of Marihuana Act (MCL 333.27954) and Medical Marihuana Act (MCL…
- Are non-compete agreements enforceable in Michigan?
Michigan enforces non-competes under MCL 445.774a that are reasonable as to duration, geographic area, type of employment or line of business, and protect a reasonable competitive…
- How do I appeal an unemployment insurance denial in Michigan?
The Michigan Unemployment Insurance Agency (UIA) administers UI under MCL 421.1 et seq. Appeals (called "protests") must be filed within 30 days of the determination. Maximum…
Family (9)
- How do I file for divorce in Michigan?
Michigan requires 180-day state and 10-day county residency. It is a no-fault state requiring proof of marriage breakdown. File a Complaint for Divorce, serve your spouse, observe…
- How is child custody decided in Michigan?
Michigan applies the Child Custody Act of 1970 (MCL § 722.21 et seq.) and decides custody on the 'best interests of the child' under 12 statutory factors (§ 722.23). The court…
- How does alimony work in Michigan?
Michigan calls it 'spousal support' under MCL 552.13 and 552.23 — fully discretionary, no formula. Courts apply 14 factors from Sparks v. Sparks, 440 Mich. 141 (1992): past…
- How is child support calculated in Michigan?
Michigan uses an Income Shares model under MCL § 552.605 and the Michigan Child Support Formula (MCSF) Manual published by SCAO. Both parents' net incomes are combined and matched…
- How do I get a marriage license in Michigan?
Apply at the county clerk in the Michigan county where either party resides (or the county where the wedding will be held for non-residents). Fee is $20 for Michigan residents…
- How do I establish paternity in Michigan?
Michigan's Acknowledgment of Parentage Act, MCL 722.1001 et seq., lets parents sign an Affidavit of Parentage (DCH-0682) that establishes paternity without a court order. Court…
- How does the adoption process work in Michigan?
Michigan adoptions are governed by the Adoption Code, MCL 710.21 et seq. A release under MCL 710.29 cannot be signed before 72 hours after birth; the right to file a Petition to…
- Are prenuptial agreements enforceable in Michigan?
Michigan has NOT adopted the UPAA. Prenups are governed by MCL 557.28 and the Rinvelt v. Rinvelt (1991) four-factor test: fraud/duress/mistake; unconscionability at signing; full…
- How do I get a restraining order in Michigan?
Michigan calls them Personal Protection Orders (PPOs) under MCL 600.2950 (domestic) and 600.2950a (non-domestic/stalking and sexual assault). Extreme Risk Protection Orders under…
Housing (8)
- What are tenant rights in Michigan?
Michigan caps security deposits at 1.5 months' rent, requires return within 30 days with itemized list, mandates a 7-day notice for nonpayment and 30-day notice to terminate…
- What is the eviction process in Michigan?
Michigan requires a 7-day demand for possession for nonpayment under MCL 600.5714, 30-day notice to terminate month-to-month, and 24-hour notice for serious drug or violence…
- What must a home seller disclose in Michigan?
Michigan's Seller Disclosure Act (MCL § 565.951 et seq.) requires sellers of 1-4 unit residential property to deliver a written disclosure statement covering plumbing, electrical…
- How do I dispute a security deposit return in Michigan?
Michigan landlords must return the deposit within 30 days of move-out (MCL § 554.609), and the tenant must provide a written forwarding address within 4 days of termination to…
- How do I dispute an HOA assessment or fine in Michigan?
Michigan condominiums are governed by the Michigan Condominium Act (Mich. Comp. Laws §§ 559.101-.276); subdivision HOAs are creatures of recorded restrictions with no general…
- What is the eviction process in Michigan?
Michigan uses Summary Proceedings under MCL 600.5701-5759. Nonpayment requires a 7-day Demand for Possession; lease breach requires a 30-day notice. Filed in district court…
- What can I do if my landlord won't fix uninhabitable conditions in Michigan?
Michigan codifies a covenant of fitness at MCL 554.139. Tenants may sue for damages or, in summary proceedings, deposit rent with the court under MCL 600.5744. Self-help…
- How do I resolve an easement or boundary dispute in Michigan?
Michigan adverse possession requires 15 years (MCL 600.5801). Prescriptive easement also requires 15 years of open, notorious, adverse, continuous use. Quiet title under MCL…
Estate (8)
- How do I make a valid will in Michigan?
Michigan requires the testator to be 18+ and of sound mind (MCL 700.2501). The will must be in writing, signed by the testator, and signed by 2 witnesses within a reasonable time…
- How do I create a power of attorney in Michigan?
Michigan did NOT adopt the UPOAA. Durable POAs are governed by MCL §§ 700.5501-700.5520 (Estates and Protected Individuals Code). POA must be signed by the principal and either…
- How does probate work in Michigan?
Michigan probate typically takes 7-15 months under the Estates and Protected Individuals Code (EPIC), MCL Chapter 700. Michigan has adopted the Uniform Probate Code (UPC). Small…
- Can I disinherit my spouse or child in Michigan?
Michigan grants a surviving spouse an elective share of one-half of the share they would have received under intestacy, minus one-half of any property received outside the will…
- How do I petition for guardianship or conservatorship in Michigan?
Michigan splits the roles: 'guardian' for personal/medical decisions and 'conservator' for property/finances. Both apply to incapacitated adults and minors under the Estates and…
- How do I create an advance healthcare directive in Michigan?
Michigan recognizes Designation of Patient Advocate (MCL 700.5506) — a healthcare power of attorney — but has NO living will statute. Two adult witnesses required; no notary…
- How do I file a quitclaim deed in Michigan?
Michigan quitclaim deeds require grantor signature and notary acknowledgment (MCL 565.8, 565.201); 2 witnesses were eliminated for most deeds in 2020. Record with the county…
- What is the homestead exemption in Michigan and how do I claim it?
Michigan's creditor homestead is $46,125 ($69,200 if 65+/disabled) under MCL § 600.5451 (2024 indexed). Principal Residence Exemption (MCL § 211.7cc) removes the 18-mill school…
Traffic (6)
- How do I fight a parking ticket in Michigan?
Michigan parking tickets are civil infractions under MCL § 257.675. You have 14-30 days to contest depending on the city. Detroit uses the Municipal Parking Department; Lansing…
- How Long Do I Have to Register a Car After Purchase in Michigan?
Michigan requires new residents to title and register immediately upon establishing residency (no grace period) under MCL 257.217, though enforcement gives ~30 days. Purchased…
- How do I get my driver's license reinstated in Michigan?
Michigan charges a $125 reinstatement fee (MCL 257.320e) and imposes a 'hard' suspension for OWI (no driving permitted, even for work) for the first 30 days. SR-22 (Michigan…
- How do I fight a speeding ticket in Michigan?
Michigan drivers can pay (admit), request an informal hearing before a magistrate, or demand a formal hearing/trial before a judge under MCL § 257.628. Basic Driver Improvement…
- What are the open container laws in Michigan?
Michigan MCL 257.624a prohibits transporting or possessing alcohol in a container that is open, uncapped, or upon which the seal is broken in a motor vehicle on a highway. 90-day…
- What happens if I get an OWI in Michigan?
Mich. Comp. Laws § 257.625 (called OWI - Operating While Intoxicated) sets per se at 0.08% BAC (0.04% commercial, 0.02% under-21), with High BAC enhancement at 0.17%+. First OWI…
Civil Procedure (4)
- What is the small claims limit in Michigan?
Michigan small claims court hears cases up to $7,000 under MCL 600.8401. Filing fees range from $30 to $70 by claim amount. Lawyers may NOT appear in small claims (MCL 600.8408)…
- What is the statute of limitations in Michigan?
Michigan civil limitations: personal injury 3 years (MCL 600.5805(2)), written contract 6 years (MCL 600.5807(9)), oral contract 6 years (MCL 600.5807(9)), property damage 3 years…
- Can I get out of jury duty in Michigan?
Michigan requires US citizens, 18+, county residents under MCL § 600.1307a. An individual more than 70 years of age may claim exemption from jury service and must be exempt upon…
- How do I legally change my name in Michigan?
File a Petition to Change Name in the probate court of your county (MCL 711.1), pay roughly $175 in fees, submit fingerprints for an ICHAT/FBI background check (adults), publish…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.