Michael A. Pollack’s Answers

Michael A. Pollack

Milwaukee Arbitration Lawyer.

Contributor Level 6
  1. Is it possible to file a small claims action against the petitioner in a harassment injunction ruling, if I am the respondant?

    Answered about 4 years ago.

    1. Michael A. Pollack
    1 lawyer answer

    If you have a claim against anyone and you request $5000 or less in damages, you can file a small claims lawsuit against them. But that does not mean you will win. You must base your claim on a legal cause of action and then prove the facts to support it. If the petitioner succeeded in getting a harrassment injunction against you and you think the court's decision was wrong, your remedy it not to file a new lawsuit, but you might want to appeal. If the case has not yet gone to trial, you could...

    1 person marked this answer as helpful

  2. Contractor did not return to finish job. Pile of dirt and cement in back, forms around cement, no lines cut in cement.

    Answered about 2 years ago.

    1. Tajara Dommershausen
    2. Michael A. Pollack
    2 lawyer answers

    The Better Business Bureau of Wisconsin has a consumer complaint resolution procedure. You can reach them online at https://www.bbb.org/consumer-complaints/file-a-complaint/get-started or call them at 414-847-6000. The Wisconsin Dept. of Agriculture, Trade & Consumer Protection also provides help to consumers. http://datcp.wi.gov/Consumer/Consumer_Complaints/index.aspx So does the Wisconsin Dept. of Justice (State Attorney General). http://www.doj.state.wi.us/dls/ConsProt/cp_complaints.asp

  3. Do Motions or Affidavites need notraization in Wisconsin Federal Court to be valid ?

    Answered over 3 years ago.

    1. Randy T. Enochs
    2. Michael A. Pollack
    2 lawyer answers

    A motion is a request for a court order and it does not need to be notarized. However, many motions must be supported by statements of facts that would be admissible at trial, which means they must be sworn to and under oath. Normally, this is done by submitting a sworn affidavit which must be notarized. If your motion requires but is not supported by admissible facts, it may be stricken or dismissed. Many motions are also supported by briefs on the law that authorizes or requires the court to...

  4. Contract Issue / small claims. Mediator said the issue is "he said/she said" about who terminated 1st. I say contract was void.

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Michael A. Pollack
    3. Pamela Koslyn
    3 lawyer answers

    You said this is in small claims court, so there cannot be a large amount of money involved. There is a risk that the court will rule against you and order you to pay what the plaintiff is asking for, or at least a part of it. Rather than telling you who was going to win in court, the mediator should have helped the two of you to discuss possible out of court resolutions. If it is not too late, maybe you should try to negotiate a settlement that involves you paying something to the plaintiff in...

  5. What if judge decides on arbitration for civil case and one party cannot pay half the arbitrator fees or event hire an attorney?

    Answered about 4 years ago.

    1. Kenny Kean Tan
    2. Alan James Brinkmeier
    3. Michael A. Pollack
    3 lawyer answers

    I am not licensed in California, but in most jurisdictions, a judge cannot order arbitration unless the parties agreed to it. Sometimes, an arbitration agreement is included in a contract for goods or services, but the parties do not really think about or negotiate it before a dispute arises. If one party to the contract is a consumer, the American Arbitration Association has developed Consumer Due Process Protocols to help determine whether the arbitration agreement is fair or enforceable. If...

    1 person marked this answer as helpful