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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35309
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am incorporated in Michigan, as Best Mobile

Customer Question

I am incorporated in Michigan, as Best Mobile Office/Modulars, Inc. I lease mobile
offices on a monthly basis. My lessee has been using a mobile office since April, 2015
for six months. He has not signed the lease agreement. He has paid one month rent,
from April 29, 2015 until October 21st 2015.
He does NOT answer phone calls, he has padlocked his place of business (repossession
of cars and trucks). I have two phone #'s, home and business.
In order to return my mobile office unit 10' x 50' in size, the electricity must be discon-
nected by him and the toter truck has to have access to hook up the mobile office to the
towing truck.
The Detroit Edison Co disconnected him from the electric pole because he was using
an unregulated electric hookup. He just found another unregulated method of stealing
power from another building on that location.
I am afraid of him. Can I use Michigan FORM DC 102C to get my property picked up
and returned to my lot?
Beverly Broughton ***@******.*** (###) ###-####
fax(###) ###-####
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Beverly,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

No, unfortunately, the Michigan FORM DC 102C is for the return of possession of real property, not personal property such as your mobile office.

To recover your mobile office your corporation will need to file a lawsuit for both Breach of Contract, and Replevin against the renter and get a court order returning it to you and a judgment for the unpaid rent.

Another consideration here is that your company is a corporation, and under MI law, a corporation may only appear in court through an attorney. You as the owner of the corporation do not have the legal right to file any kind of a lawsuit for the return of corporate property. You are obligated to retain a licensed MI attorney to prosecute this suit for you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues, along with the fact that you posted your phone number, suggest that an in-depth conversation might better suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here with answers to any follow up questions you might have.

Doug

Expert:  LawTalk replied 1 year ago.

Hi Beverly,

It is not necessary to open a new question to add facts to this question.

You wrote: from Best Mobile Office/Modulars,Inc. / Beverly Broughton......... I want to give you more info: Lessee is Louis Ziegler / Certified Auto Care & Recovery,*****, Detroit48238 There is also a same name Co. in Redford, MI partially owned by him.***-***-****- office.......***-***-****-home. He lives at*****,Detroit 48204. He has several court records from 2000 for "RECEIVING AND CONCEALING" stolen property

I'm not sure what the purpose of this additional information is. It does not change the law or the answer that I gave you to your question.

Do consider the phone call offer I made to you. This would be a way for all of your questions to be answered.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you well,

Doug

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