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Penny Special

March 30th, 2007 admin

Penny Special
Shouldn’t a special prosecutor be appointed if he and defendant are friends and are in the same clubs, etc.

The wife of a former Michigan State Representative has cheated me out of my life savings. In civil court she has been adjudged guilty of fraud and unjust enrichment. However, criminally, the prosecutor turned down the case, saying that I already had a judgment. They won’t pay because they are declaring bankruptcy to avoid payment. Every penny I have is invested in attorneys and I might get nothing in return. They have about $100,000 of mine and arrogantly brag about the new Jag and their $300,000 lake home, which was mine. What are some other ideas to make them pay criminally. They are low life criminals.

Thanks

As a private citizen, you cannot “make” the state’s attorney prosecute a case. They do not have a duty to prosecute anyone, even if the case is a slam dunk. It is at their discretion. However, I like the other answer about going to the press. The State’s attorney is elected by the people of the county. Find a county newspaper and call, write, etc. So long as the case wasn’t sealed by the court, you can give them all the court evidence in the civil case. They love these stories, especially if it involves political figures.

also, as an aside, you can’t sue her in a different county civilly. Your cause of action against her was already adjudicated. Plus, if she is declaring bankruptcy it won’t matter. However, if they are hiding assets you can file to have your judgment enforced, which would give you representation in the bankruptcy proceedings as a creditor.
But, you will need an enforcement order to do so (which your lawyer should have already filed).

Good luck.

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