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There has been no mediation set up nor offered for that matter. Quite frankly knowing him like I do, we would just be wasting the time of a mediator.
I filed the suit in the 67th District Court Genesee County. My understanding is before the hearing begins, have the right to have the case ehard by a district court judge if the hearing is scheduled before an attorney magistrate. If the case is heard by an attorney magistrate, either of have the right to appeal it within seven days.
What would you recommend that I do in this case?
In regards XXXXX XXXXX time period that the damages occured, the peeing on the carpets and some of the chewing occured February through May, but the majority of the damage occured during the 2 1/2 to 3 week time frame I agreed to babysit her for "the week". I have had someone suggest that if I knew the puppy was so distructive why did I agree to watch her for that week and therefore I should be responsible for the damages. Once again I know you can't give specific legal advice, but should this factor be an issue and if so - should I specifically focus just on the 2 1/2 week period of time I babysat her.
Thank you for your time and expertise
You had asked me yesterday whether my small claims case would be heard before a district court judge or a district court magistrate. I understand that an appeal can only be launched within seven days if heard before a magistrate. Section(NNN) NNN-NNNNsubsection (4) of the Michigan Legislature, "Before commencement of a trial, the plaintiff or defendant may, upon deman, require that the trial be conducted before a district court judge and not a magistrate, or may remove the case from the small claims division to the general civil division of the district court".
Knowing the facts in my case, would there be any benefit of one over the other hearing my case?
Because of the Defendant's past and recent history paying the orders of judgement, it was suggested to me that it might be in my best interest to do a Title Search on the Defendant prior to the court case. In a recent default judgment against him in May 2011, the Plaintiff had filed a Garnishment of Wages only for it to come back "GARN DISC DEN. LIABILITY INSUFFICIENT INCOME". I am aware that he has a healthy pension income, yet is constantly moving accounts around. Does this in itself constitute a "fraud" of sort? Apparently by doing a Title Search and if I learn he owns any property, cars, boats, etc., I can make application to have my judgement paid through those means. May I request your legal opinion on this fact?
One last question for you, I have attempted to contact the Defendant (I guess my ex-boyfriend now), in order to determine how he plans to proceed with this case.
The day prior to him being served, he told me that we would settle it up out of court.
Now he won't respond to my text or phone messages and it appears that I will have to take a day off work without pay in order to attend court. If he doesn't appear, am I able to request costs for the day I missed from work?
Good Morning JB,
Since the above court case is three weeks away, I am just wondering if I was to make a written offer to the defendant for a responable amount of the original claim cost, and he turns it down, assuming I win my case, how will this impact the judgement?
Since I am Canadian, I am unaware of the property damage laws in Michigan with the exception of Automobile Accidents which determining fault is usually not an issue.
With your expertise and experience, I am missing anything that the defendant could use as a defense which makes him NOT responsible for his dog causing the property damage?
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