My ex has just informed me that he has been recording our in person conversations while in the privacy of my own home when he picks up or drops off our daughter at my house.
You possibly have an issue here. The Michigan Eavesdropping Act criminalizes illegal eavesdropping and it further provides for civil redress. But given that you both share a child, I would caution you to consult with an experienced family law attorney for further guidance. Many facts need to be divulged and evaluated.
As for use of the recording in court, the Michigan Rules of Evidence would apply. If the recording is properly authenticated and is relevant, it would probably be admissible. But again, knowing the judge assigned to your case and having an experienced lawyer review your facts will make all the difference.See question
My son was in trouble at school and his mothers boyfriend spanked him when he got home....what can I do to stop this or can I take him away from her?
You need to consult with a Michigan family law attorney. There are many facts that need to be evaluated as to the best course of action for you and your son. There are many questions to be answered: Do you have joint legal custody? How old is your son? How did you find out about the spanking? What exactly happened? Where did it occur? Does the boyfriend have a criminal history of any kind? Does the mother? Do you? What court has jurisdiction over your matter? Oakland? What judge is assigned to your case? There are many more questions as well.
This is a serious issue and I think that you would be best served by contacting a highly competent and comprehensive family law attorney immediately. I wish you the best.See question
Our son was sued in small claims court. The judgement has been in place since 6/16. The person he owes didn't know how to collect so he brought the exact same case against me. The magistrate dismissed it because she said there was already a judge...
You could file an appeal to the circuit court. But as a practical matter, you would probably save more money making a settlement offer rather than paying a lawyer to take an appeal. Because you're in Bay City, you probably would be best served by contacting an area attorney if for no other purpose than to advise you further. Many lawyers will provide a free consultation over the phone.See question
We have a defiant child (foster adopted) who will be 18 in March. I have done my best advocating in his schools, medical, and services like Michigan Rehabilitation Services. He is currently transitioning to adult mental health and the process is...
There are multiple options available, including possibly obtaining a PPO (personal protection order). You would be wise to contact a family law attorney with significant experience in the Oakland County family court. An in-person consultation with an attorney will help you arrive at the best possible solution and strategy for solving your problem.
I wish you the best.See question
I've been at my job for years and in my current position for several years. When I was transferred to my current department the harassment began. It appears to be race-related and retaliation and the person who previously occupied my position left...
You need the advice of a competent employment litigator. This area of the law is extremely tough on victims and very favorable toward the employer. That is not to say, however, that you have a losing case. From what you described, I would think that you need to consult with a lawyer immediately for advice on how to document and report properly everything that you have witnessed.
Workplace harassment is unfortunately all too common. But the legal analysis turns on whether you can gather enough evidence to show that such harassment was due to your sex or to your race. While you say that "[I]t appears to be race-related and retaliation . . .", a court will require much more factual detail. Generally speaking, you may be able to show "direct" evidence or "circumstantial evidence" or a combination of both. But again, a good employment litigator will assist you in identifying necessary facts and evidence.
I wish you well.See question
In this situation, upon delivery, I asked the manager if I could pay after unloading. He refused & the movers drove off. Two days later I ask to deliver based on their conditions and they're demanding a $400 re-delivery fee. The only place where t...
Your question depends on the terms of your moving contract. In short, the mover is entitled to payment for delivery. If your goods were damaged by the mover, then you would have a set-off claim for the amount of the damage.
As a practical matter, and to express this most delicately, the moving industry is probably not considered the most wholesome of service industries. Let's just say that it does not surprise me that the mover is demanding an extra $400.00 to return your goods with payment in cash up front. As to your specific question, I would guess that the mover will not spend the time or energy suing you. It's possible that the mover would assign your account to a collection agency, however.
In any event, if you are sued, you should consult with an experienced litigation attorney.See question
I'm suing my landlord and her parents (who were acting as her agents) for an illegal eviction, for criminal threats, for discrimination, for emotional distress, lost wages, housing costs, and actual damages. I've requested punitive damages as well...
A defendant's motion for summary disposition seeks to dismiss certain counts in a complaint or the entire complaint before trial. The purpose of summary disposition is to dismiss a complaint that fails to state a claim for relief or that there is no genuine issue of factual dispute based on the evidence produced.
Unfortunately, without having a lawyer, you are going to have an uphill battle. If the defendants are seeking summary disposition on the theory that your complaint is deficient (MCR 2.116(C)(8), you are then tasked with defending the allegations in your complaint. Under this rule, the judge can only review the four corners of your complaint. If your complaint is deficient in some way, you ask the judge for permission to amend your complaint to alleviate any pleading deficiencies. See MCR 2.116(I)(5). Based on your description, you probably do not have a valid claim for "punitive damages" because such damages are generally not available in Michigan as a matter of law. In all likelihood, you probably meant to ask for "exemplary damages," which are possibly permissible if certain outrageous tortious action is alleged. Your claim for lost wages might also be unavailable as a matter of law on the theory that such are not legally foreseeable.
If Defendants are moving for summary disposition under MCR 2.116(C)(10), then they are asserting that the evidence produced (documents and testimony in addition to your complaint) show no genuine issue of material fact. If this is the case, then your job is two-fold. First, you may have an argument that the evidence that the defendants are providing to the court is legally inadmissible. A motion for summary disposition under MCR 2.116(C)(10) may only be granted based on admissible evidence. Second, you may have to submit contrary evidence to show that there is, in fact, a genuine factual dispute for trial. Assuming that your complaint states legally valid claims, you may be required to submit an affidavit attesting to the facts in your complaint.
You might be wise to at least look into a legal aid office in your area. If you qualify, you might be able to have an attorney represent you. Otherwise, you're going to have to take the time to get familiar with the rules of civil procedure and summary disposition law and procedure for Michigan, which you can probably find on a Google search. You will have to file a written response, which is a brief, articulating the facts of your case, a presentation of all the applicable law, and an application of the law to your facts.
I wish you well.See question
Last week I was served papers to appear in small claims court. I am being sued by my sisters ex fiancee for repayment of $4000. In 2013 this man was engaged to my sister and had recently come into a very large amount of money. I needed a car for ...
You have several options. First, I don't think the amount at issue is worth the cost of an attorney, unless you wish to fight this on principle. You can appear in small claims and defend yourself, or you can file a removal notice to the district court, where the process would be made a little more difficult for the plaintiff.
You can argue that the money was a gift without any obligation to repay. The fact that this person was once engaged to your sister provides fairly strong support that there was no understanding of an obligation to repay.
The problem, however, is that you now have publically revealed that you did, in fact, repay him over the next two years. By admitting that you repaid him, you're supporting his argument that the money was always understood to be a loan and that your actions in repaying him manifested that understanding. Of course, the question now becomes whether you repaid him all of the money as you claim, or whether he can credibly claim that you owe the money.
While other lawyers on this site may disagree, I happen to think that you should defend yourself stating precisely what you wrote above. I think that a small claims judge or magistrate will easily relate to this scenario and I also think that you will come out as being more credible. The fact that this person sued you following the breakup of the engagement suggests strongly that this lawsuit was nothing but a retaliatory action. While this means nothing, if I was the judge, I would hold that the money was loaned, but repaid in full, meaning that the plaintiff has no cause for action.
Good luck.See question
I am a defendant in a civil case in district court we are both acting pro se and I have filed a summary disposition that is set for 10/25/2016. I understand they have up to 7 days before hand but I have yet to receive a response and court docket s...
Your understanding is correct. I would assert that a pro se litigant is still required to follow the rules of civil procedure. The plaintiff should have filed a response seven days before the hearing; allowing the plaintiff to appear without filing a written response deprives you of fair process and would not be permitted if done by an attorney. Indeed, MCR 2.504(B) allows a court to dismiss a case if the other party "fails to comply with" the rules. Filing a timely response is a requirement under the rules. Since Plaintiff failed to respond timely, dismissal might be appropriate.
The real issue is whether your motion would be granted simply because the opposition failed to respond. The answer depends on the judge and whether your motion contains sufficient facts and law to show that the case should be dismissed. Given that you are the defendant, the judge may think that the Plaintiff, as the pro se party who initiated the action, should have known to file a timely response.
I am 1099 and have been working for a client since May 2016. During the last 3 months the client has become worse about paying me on time and has now owed me $7800. He has missed target deposit dates consistently with the excuse that its a payroll...
You probably would be best served by consulting with a litigation attorney. If you feel it necessary, an attorney's "demand for payment" letter may be sufficient to prompt your corporate client to issue payment. This may cost you about $300.00 or so, but it might get you paid on the $7800.00. Of course, without knowing anything further, sending a "lawyer letter" may also guarantee that you'll lose your client for future business. It all depends on the circumstances, including your business relationship, and the language used by the lawyer, should you choose to employ one. And on the other hand, you may have decided not to conduct business with this client ever again.
If necessary, you could file a breach of contract action, along with other causes of action in the district court. Again, consulting with a lawyer would be most wise, but expect that the fees for a lawsuit will be much more than sending a demand letter.
I wish you good luck.See question