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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111467
Experience:  Attorney experienced in commercial litigation.
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I'm suing a city in Michigan. I'm filing an Ante

Customer Question

I'm suing a city in Michigan. I'm filing an Ante Litem notice within six months of the occurrence with the clerk of courts. How much time does the city have to respond? 30 days? I may file my suit within 30 days?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is very hard to sue Michigan governmental agencies and municipalities because they enjoy immunity from liability for their negligent acts so long as they were engaged in a “governmental function” at the time of the alleged negligent act. Pursuant to MCL(###) ###-####et seq.:
An activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. Governmental function includes an activity performed on public or private property by a sworn law enforcement officer within the scope of the law enforcement officer’s authority, as directed or assigned by his or her public employer for the purpose of public safety.
Pursuant to MCL(###) ###-####, a plaintiff is required to provide written notice to the governmental agency within 120 days of the incident specifying the exact location and nature of the defect, the injuries sustained, and any known witnesses. After the initial presuit notice, deficiencies if not cured in 30 days from the notice, suit may be filed.