Legal Question in Civil Litigation in Michigan
fraud
A process serving company claimed one of their agents personally served myself and my husband. This company and agent swore to this in an affadavit and we were found guilty in another court for failure to appear. We have documentation proving that we were not even in the state of Michigan when they say they served us. We tried to sue them in small caims court they got it to go to district court. what do we do now. We had to pay money for beign found guilty and hire a lawyer to staighten that out. we don't have money up front for another attorney. please help court date on jan 23 2002
thank you
2 Answers from Attorneys
Re: fraud
I've read the previous response, but differ in my opinion.
A process service company does not have to provide human-to-human service, but if they swore out a false affidavit stating that you were indeed personally served (as opposed to saying that they left it on the doorstep or with an adult inhabitant of suitable age), then that's another story. The deadlines for setting aside a judgment are clearly spelled out in the court rules.
Since I'm assuming this was a civil case in which you were found "liable" instead of "guilty," I suggest going back to the Court in which you were found liable and file a motion to set aside the judgment and ask for a hearing. That shouldn't cost you but $20 or so. Go in, describe to the judge what happened, show your proofs. Then, at least you have recourse to an appeal if s/he refuses to set aside the judgment.
Under the court rules, if you can show a reasonable basis such as unfairness and absolute lack of knowledge, then you might at least be able to get back in the game on that suit.
Certainly to show any type of damages, you would need to show that you at least tried and made your best case in doing so.
Re: fraud
I think you should shop for a lawyer who is interested in pursuing these crooked companies. It seems like they may have some responsibility under Michigan's Consumer Protection Act which gives you attorneys fees. What district court is your case in. To win the case, it would require you to bring in people from out of state who are reliable and would testify that you were not in Michigan at the time claimed.