Where to File

[RobinBoro]

I live in the State of Michigan.

My ex said he plans on filing a small claim suite against me. There was apparently an audit on our past taxes from when we were married. I was unfortunately not involved in this audit. I have requested all documents form him for which he refuses to supply to me. He is telling me he did tell me about the audit and gave me pertinent document which is all untrue. The only document provided to me was copy of the receipt and bill from Michigan Department of Treasury for when he made the payment. I have now written to the Treasury office asking them for all documents pertinent to this. I have made sure to send him copies of everything and I have documented all communication with him.

He live about 6 hours (Delta County) from me and says he was told he could file his claim where he lives. I was told you need to file the claim in the county where it happened or where the defendant lives. I am living where we lived when these taxes were filed - Ingham County. He needs to file down here. I called our District Court and she told me that if he did file up there that I need to file a motion for a change of venue.

Now my question:

1. Shouldn't the District Court up there be able to see he is filing in the wrong county

2. If he does file it up there and I end up having to file a Motion to Change Venue - do I have to file this motion up at the District Court he filed his small claims case or can I file it at the District Court down here in Ingham County?

[mamabear2102003]

I have just checked into filing a small claims action against my former employer, and was told that I have to file it in the County that he lives in. There are two different rules, one states the county of the defendent, the other the county of the occurance. Although the checks that I want reimbursed were given to me in my county, they consider the actual action to have been in his county. Sounds like in your case, either way, it would need to be filed in Ingham. If he does file in a different county, just file the objection with the change of venue, and let him start all over again. If he looks up the info, he will know that it has to be filed in your county.

*see this link, under How to Start your Lawsuit. It's for another county here in Mi, but spells it out quite clearly.

http://www.eatoncounty.org/Courts/Ea...aims_Court.htm

[RobinBoro]

Yea I know he needs to file here but if they don't look up there and let him file anyway and I have to file my motion can I file that here in Ingham County or do I have to file it in Delta County?

He might also think he can file up there because Michigan Department of Treasury must have contacted him up there about our past taxes. That would be only because his social security number is listed first on the taxes and he changed all his residence information to up in Delta County. But the original taxes were filed from our residence down here in Ingham County which is where I still reside.

[mamabear2102003]

You would file the response with the court of origin. If you are served, the instructions will be on the paperwork that you receive.

[RobinBoro]

You mean I would file a motion in a court 6 hours away because that is where the original small claims paperwork would originate? Crazy. You would think the District Court up there would make sure they are filing in the correct County.

[mamabear2102003]

To the best of my knowledge, you will have 21 days to file, and it can be done by mail, so no drive time. It's simply a notification to the court that you disagree with the filing. It will be quite obvious by your address that you are outside of the county, so it shouldn't be a big deal.

[RobinBoro]

I called Delta District Court and she told me I could file via mail but the judge up there requires a hearing to grant the motion so I will have to go up there for that. I will be asking for costs associted with having to travel up there for the hearing if they find in my favor which I am very competent they will. I send my ex the info from the State Court of Administrative Office regarding the rules for filing small claims. He said they told him he could so he said he did. We will see. When I called up there I asked her if they check to make sure they file in the right county and she told me they do not allow them to do that - the judge won't allow it. That is when she said I could mail it but would still have to come up for a hearing but then when I win he will have to file all over again IN PERSON down here. I will at that time ask for the case to be dismissed because he REFUSES to give me any documentation regarding this audit. Because I have copy of my taxes originally filed he say I have everything. I guess I have to use the law on my side and do what I can. I am never going to be rid of this man he is a torn in my side. I wanted to just pay my half but somebody told me not to because I have no clue of what we did wrong on the taxes that we have to pay and he won't tell me. Frustrating.

I have already drafted up my motion to get ready to send up there and send copies to him which I am assuming is what I do. I will have to call but I assume there will be the normal $20.00 filing fee.

[mamabear2102003]

Stick by your guns guns girl, and good luck! ((huggs))

[RobinBoro]

Thanks. I have learned so much about the laws and courts in the last couple of years but I am so tired of it.

I just can't believe that he think because he paid that tax bill up in Delta County for an audit on our taxes that were filed down here and I wasn't even included in any this -- he think he files up there. If he did file like he said he think because they took the paperwork he did it right. WRONG - she told me they file the paperwork they don't look at what it is for.

Thanks for all your responses. Truly appreciated!