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  1. #1
    Macpark is offline Junior Member
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    Should I ask my friend for a notarized letter?

    What is the name of your state (only U.S. law)? Michigan


    Okay -- I've posted a few times here. Here's the thing. I'm suing someone in Small Claims court, and my court date is August 19th. This person assaulted me and caused me bodily harm, and I'm seeking compensatory damages for the medical bills I incurred as a result of his attack (almost $2,100).

    I have a witness coming with me on August 19th. I also have the receipts from FOUR different doctors claiming that I was indeed injured.

    My other friend said he would write a notarized statement for me, if needed. My question is: Should I have my other friend write a notarized letter on my behalf? Or is my one witness --PLUS the witness on the inital police report (who now lives out of state) -- is that enough? My other friend said he would write a notorized statement for me, stating that he saw me after the assault, and for several weeks I was unable to move my head, the pain was so severe.

    So what should I do? I hate to impose on him in this way.

    How much would it help me if he wrote me a letter? As I said, he wasn't there when I was attacked, but he did see the aftermath, and he did see that I was injured.

    I was treated by four different doctors for my injuries. My own witness is prepared to give a statement to the magistrate if necessary. So...should I ask my other friend to write me a letter? As I said, he didn't witness the attack, but he saw how much pain I was in for several weeks.

    P.S. Yes, I know about the statute of limiations (SOL). In Michigan, according to Section 600.8505, paragrah 12: The period of limations is 5 yeras for an action to recover damages for injury to a person or property brought by a person who has been assaulted or battered by an individual with whom he or she has, or has had, a dating relatiionship. (I'm sick of people telling me the SOL is only 2 years. I only hope the magistrate knows about this law and if he doesn't, I hope I can explain it correctly.)

    P.S.S. If KNOW if I indeed do get a judgment against this person -- he most definitely has the ability to pay, plus I have the forms for periodic garnishment, if necessary.

    Thanks for your help!!What is the name of your state (only U.S. law)?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by Macpark View Post
    What is the name of your state (only U.S. law)? Michigan


    Okay -- I've posted a few times here. Here's the thing. I'm suing someone in Small Claims court, and my court date is August 19th. This person assaulted me and caused me bodily harm, and I'm seeking compensatory damages for the medical bills I incurred as a result of his attack (almost $2,100).

    I have a witness coming with me on August 19th. I also have the receipts from FOUR different doctors claiming that I was indeed injured.

    My other friend said he would write a notarized statement for me, if needed. My question is: Should I have my other friend write a notarized letter on my behalf? Or is my one witness --PLUS the witness on the inital police report (who now lives out of state) -- is that enough? My other friend said he would write a notorized statement for me, stating that he saw me after the assault, and for several weeks I was unable to move my head, the pain was so severe.

    So what should I do? I hate to impose on him in this way.

    How much would it help me if he wrote me a letter? As I said, he wasn't there when I was attacked, but he did see the aftermath, and he did see that I was injured.

    I was treated by four different doctors for my injuries. My own witness is prepared to give a statement to the magistrate if necessary. So...should I ask my other friend to write me a letter? As I said, he didn't witness the attack, but he saw how much pain I was in for several weeks.

    P.S. Yes, I know about the statute of limiations (SOL). In Michigan, according to Section 600.8505, paragrah 12: The period of limations is 5 yeras for an action to recover damages for injury to a person or property brought by a person who has been assaulted or battered by an individual with whom he or she has, or has had, a dating relatiionship. (I'm sick of people telling me the SOL is only 2 years. I only hope the magistrate knows about this law and if he doesn't, I hope I can explain it correctly.)

    P.S.S. If KNOW if I indeed do get a judgment against this person -- he most definitely has the ability to pay, plus I have the forms for periodic garnishment, if necessary.

    Thanks for your help!!What is the name of your state (only U.S. law)?
    Notarized letters do not carry much weight. You cannot cross examine a letter.
  3. #3
    Banned_Princess is offline Senior Member
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    Do you have a police report, and was this other person convicted, or in the process of being convicted of this crime, or of a lesser crime against you?

    Did you get a permenent (1 year or more) order of protection?
  4. #4
    Macpark is offline Junior Member
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    You have to love people who answer a question WITH a question.
  5. #5
    Banned_Princess is offline Senior Member
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    what the heck, you think we are ging to chase down your history to find hidden answers to our questions?

    good luck with this.
    Last edited by m martin; 08-16-2010 at 11:13 PM.
  6. #6
    cosine is offline Senior Member
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    Quote Originally Posted by Macpark View Post
    You have to love people who answer a question WITH a question.
    Yup. Best friends! Those are the people getting to the facts.
  7. #7
    cbg
    cbg is offline Senior Member
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    Well, since further information from you is needed but you don't feel the need to answer any questions, I guess you're on your own.

    Have a good day. Hope it all goes well for you.
  8. #8
    latigo is offline Senior Member
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    Quote Originally Posted by Macpark View Post
    What is the name of your state (only U.S. law)? Michigan * * * My other friend said he would write a notarized statement for me, if needed. My question is: Should I have my other friend write a notarized letter on my behalf?
    Unfortunately the friendís letter would serve no useful purpose in court, as the court would deny its admission on grounds of hearsay.

    Unless the contents of a writing or statement made outside of the courtroom fall within one of the several exceptions to the hearsay evidence rule (and this would not) they are excluded as evidence of their content.

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