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I live in Michigan and recently received an affidavit. Someone is trying to sue me for damages she received after attacking me. It's all stupid and I don't want to deal with it if I absolutely don't have to. The last name on this affidavit is not mine. It is obviously intended for me, but it is not mine. Do I still have to show up, or not? Because the name on this is not mine.
Have you been served with a summons (or equivalent document) notifying you of a lawsuit against you and giving you so many days to appear or defend? I am unaware of any jurisdiction in which a simple affidavit (written statement under oath) would serve a similar function.
If you don't show up, you will lose and they will win, The last name may make it harder for them to garnish your bank accounts, but do you want to deal with it after 1/2 of your bank account disappears?
You need to take it seriously, for example a theft breaks into your home, and falls down the basement stairs because there is a bad step or no hand rail, they have sued the home owners and won. So please don't take this lightly and don't think it is stupid ( while it is) they could win if for any reason you hurt them more than needed, did damage after it was over or more.
A example, if someone attacked me, ( actually happened two months ago) and I blocked their punch at me, and hit them twice making them fall to the ground. I stopped at that point, but if I had walked over and lets say kicked them, they could sue me for the damage of the kick since it was not needed.
First, let me express how much I appreciate your help. I am only 24, and the first person in my family to ever have to deal with any sort of a court. So, Thank you sosososososo much for your time.
Well, here's the situation. She backed up into me at the bar, and I tried telling her no one wanted to fight her. She kept egging me on until I threw my drink in her face. She then threw her drink in my face. I turned around to walk away, and she attacked me from behind at that point. She stuck her palm in my face sometime in the altercation and I bit it. However, I did try to walk away. And I was restrained first, and was then hit in the face by the plaintiff's friend. I immediately turned around and left the bar. My biggest worry in the whole thing is that the bouncer of the bar is the brother of a man I filed sexual assault charges against a couple years ago, and also a close friend of the brother of the plaintiff. Is he actually allowed to act as a witness? This all seems very wrong to me. Mind you, it's only $250 and I can afford it. However, I don't think it's my responsibility. If that's the case, do I countersue for the cost of my glasses that were broke during? Like I said, this all seems very wrong.
Also, it appears to be an affidavit, with a notice of hearing on it. I did not sign for it, my boyfriend did.
Yes, but the judge will consider these facts in determining whether to believe the bouncer's testimony. Be sure you bring it up on cross examination or rebuttal testimony.Quote:
Originally Posted by zophyzophy
Certainly.Quote:
Originally Posted by zophyzophy
Did you file a police report? As noted you can't ignore it. So gather your own witnesses and prepare for court.
I would counter sue, you will need reciepts for the glasses. If you want to discredit her witness you will need proof of your claims against them. But yes they are allowed to be a witness.
Since you threw the drink into her face first, you are actually the one who is considered to have started this, Mere words is not enough to cause physcial action. Throwing the drink is considered an assault ( at least in my state)
So, do you do you feel as though it will have no bearing that she had then thrown her drink back in my face and I turned around to walk away, and got attacked? My boyfriend was there, and he is the only witness I have. We were on our way out when it happened, and she was there with a large group of people. I just wish the bar had a security camera system. That would straighten this all out.
Basically, I feel there is a big chance that any judge will just throw this out. Is this a correct assumption for me to make?
Also, countersuing for the glasses feels far-fetched for me, as I waited about 3 weeks to go out and order a new pair.
Quote:
Originally Posted by zophyzophy
In NY the Judge would not throw the case out IF the other person was financially harmed, either her person or her property. You were the aggressor. You threw the first drink. I would argue her damages - what is she suing for?
Why do you think countersuing for the cost of replacing YOUR glasses is far fetched? You are out of pocket due to her actions.
These matters come down to two different stories and which one the Judge believes. You are the only person who knows how strong her proof is (or isn't) and how strong yours is (or isn't). Your boyfriend will probably be considered biased in your favor. Her bouncer or bartender witness will probably be considered biased in her favor.
Now it's your version vs hers. I still don't understand what was served on you. I own a process service company.
I received an envelope in the mail with my first name, but the wrong last name (still obviously meant for me). My boyfriend signed for it, and the reason the claims are being filed is to "cover medical expenses from a bite wound inflicted by the defendant when she attacked me on jan. 28 2012." but, I never was contacted by any police officers to file any charges or to dispute a claim. The "affidavit and claims: smalls claims" form was subscribed and sworn on feb. 23. So, my best bet is to file a countersuit for my glasses? The issue here is that the only other direct witness, who is the girl who instigated the fight, is someone who I stopped being friends with on that night, because of that night. So, I could ask her to go, but she is vindictive and has a questionable legal record. So, I feel as though that will just make things look worse since I, myself, have a completely clean legal record.
So, correct me if I am wrong. The only things I can do is go get documentation of the complaint I made against the bouncer's brother, and countersue for my glasses (which I do have a receipt for)?
You've got a pretty good handle on things. Yes, take any receipts you have and any witnesses you have and other supporting documentation to Court AND countersue for any expenses (such as your glasses).
The Police don't have to get involved in order for a monetary claim to be filed against you. I investigate a fair number of bar fights and often there is no Police Report because the bar owner doesn't want the fight to come to the attention of anyone who controls his beverage license.
A bite? She's claiming you bit her?
Well, the thing is I think I did bite her. But she bit me, too, and pulled my hair out and punched me in the head and face. The thing is, she is probably about 6 - 8 inches taller than me. The situation goes as follows: I went to the bar to meet up with my friend who I am not speaking to, and once earlier in the night I was asking someone where someone else was and the plaintiff walked outside and said "she isn't showing up because she doesn't like you" to me. Later, we were in the bathroom and she apologized. She admitted she didn't know me or them and it was petty. Later on, I ended up leaving the bar because my friend ditched me. I grabbed her phone and left, calling her mom to tell her I had her phone. She insinuated she wanted me to go back and retrieve my friend, her daughter. When I went back, I found my friend who ditched me and was explaining the situation to her when the plaintiff backed up into me. Some words were exchanged between the plaintiff and my friend, and I tried telling the plaintiff no one wanted to fight her and to go back to her friends. She then said to her friend behind her "I could take these b****es, look how little they are." I think grabbed a beer from my friend hand, threw it in the plaintiff's face, and she threw her drink back at me. It seemed out of hand, and I meant it when I said no one wanted to fight so I turned around to walk away and the plaintiff jumped on me from behind. I turned around and she jumped on me again, grabbing my hair and punching me, and then we started to fall. She started pushing her hands into my face and I did end up having a bite mark on my chest, as well. However I have nothing to back that statement. I might have a couple of spots in my hair that is shorter than the rest from getting pulled out. Anyway, that is when the bouncers showed up and jumped in. They grabbed me first, and had me restrained, and then one of the plaintiff's friends punched me in the face. I got loose from the bouncers, and immediately left after making sure my keys were in my pocket. My boyfriend followed immediately and we went home. I called the bar to make sure there weren't any officers that I needed to come back and talk to. That's the whole thing, exactly how it happened. Is there anything else I can do?
I don't know if you realize this but I'm a liability investigator in NY. I do a LOT of bar fights, usually because the bouncers race in like sharks and beat up everyone they see - and I'm not joking. I'm amazed that the bouncers didn't give you a slap or two on your way out - or throw you out the door.
Please keep in mind that this is what I do so I get into details and have opinions that more casual observers do not have. I'm not prying. Some info which doesn't appear important IS important. There are also options which you may or may not want to explore. Some of this also depends on the State (or Country) you are in because laws do vary.
# 1 - Just so I have this right you were restrained by the bouncers and while restrained were punched in the face by someone? I have no idea if you were injured but you now have a cause of action against the bouncer AND the bar owner. Someone wasn't doing his job and YOU suffered because of it.
In this scenario it doesn't matter if you threw the first punch, started the altercation, anything else - you were assaulted while being restrained by an employee of the bar.
#2 - Where was your boyfriend during all of this. You left at one point. Did he leave with you or stay?
#3 - At any rate you should have filed a Police Report. It doesn't matter if you were or were not the aggessor - if you have bite marks YOU were assaulted. You can collect for pain and suffering from the person who bit you. Same with getting your hair ripped out.
#4 - IF the incident (starting with her confronting you physically) was fueled by alcohol the bar should have stopped serving her and, again, the bar owner can be sued by you.
I believe you - I think what you have said is the totally unvarnished truth. You have made no attempt whatsoever to say you had no fault, and that very rarely happens. Everyone points a finger at everyone else and you have admitted to your part in this.
If you tell the story in Court the same way you've told it here, I think you've got a winner. I am in NY where you can use force against like force. If "she's" that much bigger than you she was WAY out of line. You cannot punch someone for throwing beer in your face (which I'm sure you realize was not a smart thing to do).
I think you have a couple of things to think about here - were you injured? How about the bite marks? Did you see a Physician? Is it too late to see a Physician? Did you lose time from work? How else did you "suffer"?
Too bad I'm not in your area (or I don't think I am). This is much more than it initially appeared to be - and I'm a fact finder. I think you have a good chance of recovering from this person - and possibly the bouncer and bar.
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