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Michael A. Pollack

Michael Pollack’s Answers

5 total

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

    Contracted on April 22, was told 3 days. April 23 the side of the house cement was removed. They left at 11AM and didn't return, next day came for 1 1/2 hr and left. Then it just got worse. Paid half down, finally finished laying cement on June...

    Michael’s Answer

    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

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

    And can those not-notarized affidavits and motions be invalid to be stricken or dismissed by the court?

    Michael’s Answer

    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 issue the order you are seeking. Legal briefs do not need to be notarized, but if they are not well-founded or if the court finds them to be frivolous, you may be subject to penalties, such as paying the other side's attorney fees or costs of responding to your motion.

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

    I had an appearance at small claims court as a defendent. The plaintiff (child care provider) has TWO contracts we signed, each with a very different termination clause. Also, her contract requires she give 2 weeks notice of her vacation days. S...

    Michael’s Answer

    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 exchange for her agreeing to continue to providing care for a certain period of time or until you can make alternate arrangements. Litigation is a win-lose proposition. Negotiation or mediation can be win-win.

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  • Is it possible to file a small claims action against the petitioner in a harassment injunction ruling, if I am the respondant?

    Also, if this is possible, is there any chance of receiving a change of venue to my county because I believe I can not get fair justice in the county of the petitioner ?

    Michael’s 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 ask for a change of venue, but you would have to show more than your belief that you cannot obtain justice in the petitioner's county. You would have to show that the judge or potential jurors would be prejudiced or biased against you based on information they received out of court. You do not need a lawyer to file a small claims lawsuit, but you should have a lawyer to appeal or file a motion to change venue.
    This answer is general information and is not intended to render legal advice or representation in your case. It should not be construed to create an attorney-client relationship and it is not a confidential or privileged communication. If you want legal advice or representation specific to your claim or case, you should retain the services of an attorney who will speak with you confidentially and gather all information relevant to your claim.

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

    Is there something that person can file with the court?

    Michael’s Answer

    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 you are a consumer and you have entered into an arbitration agreement that you find to be unfair or too expensive, file a motion with the court to avoid arbitration on the grounds that it violates your 7th amendment right to a trial in a civil case and that it violates the Consumer Due Process Protocols. Without additional facts, I cannot determine whether such a motion is advisable or would be successful in your case.

    Disclaimer: This answer is not intended to constitute legal advice in your case, nor does it create an attorney-client relationship. If you want legal representation in your case, contact an attorney licensed to practice law in your state.

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