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Question

re; Filing suit against midland county courts. On nov.14,2009 I was arrested for a failure to appear for fines. These fines were from 1991. Nov.2006 I went to midland county clerk office to pay off all fines. I asked the clerk what was owed,so I payed all 1992,1994 and 2005 in full or I could not get off probation. I called the clerk on nov.20,2009 to ask what was owed.I found out that 1991 fines were deemed uncollectable march 31,2004,so they took 1991 fines off the computer.They were not added back on until nov.16,2009.There are so many other errors on there behalf and I feel as though I was seriously violated.I have other info as well about paying vthose 1991 fines while incarcerated.I hope someone could help me.Thank you Darrin Miller phone XXX-XXX-XXXX

Submitted: 116 days and 18 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Michigan

Already Tried:
nothing so far dont want others knowing my info.

Posted by PaulMJD 116 days and 17 hours ago.

Answer

Unfortunately, the courts are exempt/immune from suit for these matters and you cannot bring suit against them. The only thing you can do is bring a motion to dismiss the 1991 fines based upon their negligence, sometimes the court will actually dismiss the fines for this reason depending on your attorney and how much of an argument he makes to the judge (since the judges don't want this type of information aired in open court for everyone to hear they many times rather just dismiss and end it).


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116 days and 17 hours ago.

Reply

Who pays for my loss of wages,bond money,9 hours away from my kids.because this was payed through d.o.c.

how can they get away with arresting pepole for there mistakes without reinbursing our losses

Posted by PaulMJD 116 days and 17 hours ago.

Answer

I am sorry, I did not understand you were arrested over this, but the problem is that the fine was indeed owed and while they may have missed it when you paid your other fines, it was a fine that was owed and thus they will not entertain a suit for false arrest over this matter.

116 days and 17 hours ago.

Reply

They sent mail to a po box,which ive never had.Aug.of2008 was a failure to appear. No warrant was issued for over a year. Like I say the clerk told me they took 91 off their system march 2004 and reentered nov.16 2009,two days after arrest.So nov 2006 it was never on file when I payed all my fines. these were the only fines on file because I got a 35,000 dollar settlement. The Michigan Deartment of correctins did not send any info to Midalnd county that it was payed for 1991 while I served from 1992-2001 when paroled I never recieved anything stating I owed that and every thing has to be payed before completion of parole or probation or you remain on until payed as well. I completed both

Posted by PaulMJD 116 days and 17 hours ago.

Answer

I understand your frustration with this, but the fault was that you were bound whether or not they actually told you, so the arrest and the fine was not false or fraudulent to form the basis of a false arrest claim. These cases happen, unfortunately, like this all the time and they just are not actionable.

116 days and 16 hours ago.

Reply

I only have one more question.Why is it ok for me to pay a bunch of money out for their mistakes.Is this their way for more $ ?

Posted by PaulMJD 116 days and 16 hours ago.

Answer

If they are trying to collect penalties for not paying, this is something you would go to the court where the fines were due to seek to have waived, but the fines themselves are still due.

116 days and 16 hours ago.

Reply

Maybe I didnt say it right. I payed those fines off in prison through my account. Mdoc never let midland county know that they were payed in full,so they were payed

Posted by PaulMJD 116 days and 16 hours ago.

Info Request

Sorry, I did not get that impression. If you paid the fines, do they have records of you paying them?

116 days and 16 hours ago.

Reply

Midland connty claims they recieved nothing from mdoc,but the mdoc has the records.The clerk told me that I have to get them from the mdoc.I remember getting a letter while at kinross correctinal facility stating it was paid that was in 1997-98.After that letter I didn't have to pay half of anything over $50 that was sent to my account.There for it all settled.None of my parole or probation agents seen any during my reviews of my files be for I was reased off probation and parole. All these years.

Posted by PaulMJD 116 days and 16 hours ago.

Answer

You will have to get proof of payment and then the problem will become which agency to hold accountable, so you would likely have a case for negligence here against both DOC and the clerks office, and it would be up to the court to decide fault and in this type of case you could sue for the negligence, but proving which entity committed it may be the biggest problem. You are going to need to get your payment records together and sit with local counsel to pursue the correct entity.


116 days and 15 hours ago.

Reply

Is there council for me through the aclu?

Posted by PaulMJD 116 days and 15 hours ago.

Answer

The ACLU may assist, if not many attorneys would likely handle this on a contingency fee basis, meaning they don't get paid unless you win.

116 days and 15 hours ago.

Reply

Is there any specific time frame? This tue I have to be at the court house for arrainment,should I stand mute and get an attorney?I don't trust Midland county,they'll do any thing to cover up things,I wasn't perfect,but not corupt

Posted by PaulMJD 116 days and 15 hours ago.

Answer

You should get an attorney for the hearing yes, since you have grounds to prove they are wrong you would use your attorney to resolve this and they could do so quicker.

116 days and 15 hours ago.

Reply

If i can't get representation before that,should i stand mute until I get one? I dont mean to keep bothering you,and I apreciate everything you've done for me

Accepted Answer

You would still have to plead something and standing mute really doesn't help you much at all. I am sure you would be able to obtain counsel.

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Expert: PaulMJD
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Answered: 11/21/2009

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