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I am a plaintiff in a case and they have given me a notice…

Hi, I am a...

Hi, I am a plaintiff in a case and they have given me a notice of deposition hearing. I cannot afford an attorney, I tried to settle this issue before I sued them and they refused to talk to me and I spent more than 2000 over what I would have paid if they talked to me That is what I am suing for. The only reason why they want to talk to me now is because I am suing. I do not want to talk to them without a lawyer present. Can I take the 5th amendment or can I refuse to talk to them without a lawyer present.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has anything been filed or reported?

What do you mean?

Lawyer's Assistant: What confuses you?

What do you mean by fired or reported?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 1 minute by:
8/16/2017
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,197
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 11 months ago
ok

The defendant has the right to depose you or the case will be dismissed. Here you should go and answer their questions.You can answer you don't know or don't remember or something similarly vague. If you want to get this to trial you will have to give them their deposition here in Michigan otherwise they will dismiss your suit.There is no fifth amendment rights in a civil suit where you are suing others.Please don't shoot the messenger I am trying to give you honest information.

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Customer reply replied 11 months ago
even if I know the answer I can answer vaguely? I have been threatened by the person deposing me on at least 2 occasions but he got away with saying I threatened him.
Customer reply replied 11 months ago
I cannot afford the 59 today
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And yes answering vaguely is fine.

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I mean usually they ask you about what damages you are claiming and what your claims are, etc.

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A deposition is a recorded statement where a participant in a lawsuit answers various questions under oath. The Michigan Rules of Civil Procedure[1] set forth when a deposition can be used and for what purpose in a Michigan lawsuit.

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Customer reply replied 11 months ago
Well in this case they are trying to get me to change my story as I have repeatedly told them I was willing to pay them in full in February but they refused to talk to me about it.

So tell them this if they ask

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As you prepare for your Michigan deposition, there are a few guidelines to follow:

  1. Listen carefully before answering: Let the lawyer ask a complete question before you begin to answer.
  2. Give verbal responses: Always answer “yes” or “no”. The court reporter is unable to record a nod of the head or gesture.
  3. Don’t volunteer information: Even though you may feel the need to offer information that you think is important, it is important to only answer the question that is being asked.
  4. Avoid guessing: If a question is confusing, instead of guessing, ask the lawyer to repeat the question or rephrase it.
  5. Don’t share privileged information: Do not answer questions about any confidential discussions you have had with your attorney.
  6. Maintain your composure: It’s important to be polite, calm, and clear when answering questions, which is important during the process. In the event that you feel yourself becoming agitated during the deposition, it’s ok to ask to take a break so that you can collect your thoughts.

Once the deposition is over, you will receive a transcript and have an opportunity to make corrections.

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Good luck to you and thank for rating 5 stars.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,197
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
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Customer reply replied 11 months ago
You really helped me out. I tried not to be emotional but it happened a few times especially when I told them that 4 years ago I had a heart attack and nearly died. But I stuck to my guns on what was the key point in the case as they tried to get me to say that I never planned on paying them in February and the lead lawyer tried quite a few different ways to get me to say it but I didn't back down no matter how hard he tried.

Good deal glad it worked out.You are so welcome.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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