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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10628
Experience:  Over 10 years of criminal defense practice.
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I live in Michigan. I was just released from jail from failure

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I live in Michigan. I was just released from jail from failure to appear to give a deposition. But I was never served a deposition notice by a server. The server lied about me being served. What can I do about this server lying about me served a deposition?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Nate replied 11 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

You would potentially have a lawsuit against the process server who lied about serving you. You would be able to recover damages, to include lost wages, loss of freedom, public embarrassment, and so forth. The process server could also be charged criminally for lying the courts about having served you.

I suggest you contact a local attorney. This may be a case that one would take on contingency, meaning no up front out-of-pocket costs to you.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 11 months ago.

In cases like this is it hard to prove my word against his/her word?

Expert:  Nate replied 11 months ago.
In these kinds of cases it always comes down to credibility. Your attorney can work on that during the discovery process and during the deposition of the process server. If there is a history of this happening with this server, it would help your case. All that will be found out during discovery.
Customer: replied 11 months ago.

what type of attorney do I contact?

Expert:  Nate replied 11 months ago.
Any civil litigation attorney would do. If you need referrals, the Michigan bar can help. Information on their lawyer referral service can be found here

http://www.michbar.org/programs/lawyerreferral.cfm
Customer: replied 11 months ago.

I stayed in jail almost 3 1/2 days then put before a judge. The judge removed the "warrant for my arrest" only after I agreed to go to the deposition on Nov, 5, 2013. I do not want to be a part of this so can I plead the 5th at the deposition; especially after being treated this way?

Expert:  Nate replied 11 months ago.
The way you were treated has nothing to do with your obligation to honor the subpoena and go to the deposition.

The 5th Amendment only has to do with saying things that incriminate you in a crime. If the questions you are asked don't have to do with that, then there is no 5th Amendment issue.

People are involved in litigation they want nothing to do with all the time. There's nothing that can be done about that.
Customer: replied 11 months ago.

I definitely plan on going to deposition. My concern is from the information they gave for wanting me at a deposition I really don't know much. But I am afraid they will twist the questions and try to make it appear as if I do. I am afraid of these people now. To what extend can they ask questions to make it seem like I do? I am really afraid of these people.

Expert:  Nate replied 11 months ago.
They can ask you pretty much anything at a deposition. If you have concerns you should bring an attorney with you to make sure things don't get out of hand and to make the proper objections.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10628
Experience: Over 10 years of criminal defense practice.
Nate and 4 other Criminal Law Specialists are ready to help you

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