How can I win my Small Claims lawsuit?

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Macpark
User offline. Last seen 1 year 47 weeks ago. Offline
Joined: 03/13/2010

In June 2007, this guy Toby, whom I had dated, assaulted me in a bar. I was trying to leave, and he Shoved me in the back to receive my attention, then Shoved me in the chest as we were facing each other, and then Grabbed my wrist.

I was terrified he was going to punch me. I don't believe in violence, so the only way I knew to receive absent from him was to spit in his face. He let got of my hand, and I ran, trying to receive absent, but not before he punched me in the back of the neck, Hard, and I intend Hard.

I went to the Er at the hospital, saw a chiropractor for months...was on pain meds and muscle relaxants for months...it was awful. It wasn't prosecuted criminally. Toby had his friend, who wasn't even in the same room when it happened, lie for him to the police. (his friend only saw the aftermath, when people were pulling Toby off of me. my lawyer told me that in Michigan, for a home violence issue, I have 5 years to sue (as opposed to only 2 years for a steady assault). I am suing that Sob for $3,000 (the maximum for small claims). How can I win this? I've had lawyers tell me it doesn't matter One Bit it wasn't prosecuted criminally (remember Oj and the civil suit? But, if he brings his witness with him, what do I do?

Do I tell the judge, your honor, I object to his testimony. This person (mr. Davis) wasn't even in the room when Toby attacked me, and Mr. Davis perjured himself under oath on the police report?

What do I say and do to win this case? I know it's late in the game for this, but this person Deserves this.

My witness no longer lives in Michigan, but he gave accurate testimony on the police report. How can I have Toby's liar friend's testimony not allowed?

How do I behave? What do I do?

Please help. I don't have a court date yet, I just filed the papers a week ago. But it will prob. be in the next month.

Please help.


Anecdotal Evide...
User offline. Last seen 1 year 27 weeks ago. Offline
Joined: 08/01/2010

Most judges will allow a notarized statement, especially whether it matches the police report. Of course, if you can get the person there, so much the better. Toby's witness will have to be believed by the judge. You say what you think, respectfully, and let the judge make the decision.

Digging up another witness wouldn't be a poor object. Someone knows that the other witness was in another room. It's worth your time to check around again.

Since you've spoken with an attorney, I assume you have all of your financial damages in proper order. Take another look at that just to make sure.

Remember, drama in small claims is for Judge Judy, not real life.

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