Summary
The user, a builder, is facing a lawsuit from a contractor for the total job cost after being let go with 5% of the job remaining. The user and other builders are considering a class action lawsuit against the contractor for issues such as no pay or short pay, and attributing their own mistakes to the builders. The user is currently gathering evidence, including unpaid contracts and deceptive billing practices. The user has consulted a local lawyer for preliminary advice.Full Conversation
Can you invoke the 5th amendment on a civil case. In Michigan.
Yes, you can invoke the 5th Amendment in a civil case in Michigan. However, it may lead to adverse inferences. Can you provide more details about your case?
I'm a builder and was let go after about *% of the job left. They contractor is sueing me for the total job cost. I have * other builders thinking about a class action suit. But i dont want to do a deposition of funds. Until our suit is prepared.
What is the basis of the class action suit you and the other builders are considering?
No pay or short pay, putting all mistakes they decided to do on there own and telling owners i was responsible. Other builders the same. One hss been short whole jobs.
What evidence do you have to support your claims against the contractor?
Unpaid contracts, placing billing under a different name because they lost their business. They owe a ton off suppiers as well. They are deceiving in several reports to original francise with our billing.
What steps have you taken so far to address this issue?
Just doing investigation to make sure others are willing to get involved. They are getting there info around also
What legal advice have you received so far regarding this issue?
Nothing really
Have you consulted with a lawyer about your situation? It's important to understand your rights and potential strategies in this complex situation.
Just asking a local lawyer quickly
What was the advice given by the local lawyer you consulted?
Get info around and proceed.
What specific information did the local lawyer advise you to gather?
In Michigan, for a class action lawsuit:
- The plaintiffs must share common legal issues
- The defendant's actions must have affected all plaintiffs similarly
- The representative plaintiff must adequately protect the interests of all class members.
For court details: Michigan Supreme Court, * W Ottawa St, Lansing, MI *, +* *-*-*.
Paperwork , billing contracts, dates of service.
What steps have you taken to gather the paperwork, billing contracts, and dates of service?
In Michigan, it's crucial to have all relevant documents to support your claims in a class action lawsuit.
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