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nickec

Forfeiture

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I entered into a deferral agreeement with the Macomb County Treasurer in Michigan.  The City of Warren, Michigan proceeded to wrongfully incarcerate me preventing me from making timely payments.  The County tax foreclosed my paid-off homesteaded home of 47 years.

 

Can I seek injunctive or other relief?  I am a Senior Citizen and qualify for a grant to pay the small amount of taxes which were due.

 

This seems to be a case like the one the US Supreme Court recently ruled on where excessive fines were found to be unconstitutional.

 

My Brother, John Cafarelli, in pro per prevailed in an action in the US Sixth District Court - the very first time the Communications Act of 1934 was enforced.  I am told this is a precedent now discussed in Law Schools across our great Nation.  He collected less than $30,000 on a $950,000 judgement as the Defendant defied the Court and fled to Mexico after titling assets to various relatives.

 

See Cafarelli v. Yancey  https://law.justia.com/cases/federal/district-courts/FSupp2/72/791/2336055/

 

I prepared for Law School at Kalamazoo College in the late 70s scoring high on the LSAT.  Accepted by Duke and the University of Michigan Law Schools and declined to matriculate.

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25 minutes ago, nickec said:

Can I seek injunctive or other relief?

 

On the limited facts you've provided, I don't see a basis for a successful suit.

But it may be worthwhile for you to consult with a lawyer in your area who can review all of the relevant documents, information, and case files and give you specific guidance as to whether an appeal is still available or whether you are likely to prevail in a separate lawsuit.

 

What I glean from your post is:

You didn't pay the taxes as and when due.  The taxing authority probably sent some delinquency notices before taking action, and you still didn't pay. Then there was a foreclosure case, which involves notices and other court filings, and a court proceeding, and you still didn't pay.

 

While I can certainly understand that being incarcerated is a hindrance, even incarcerated, you would have been receiving correspondence and would have had at least some ability to be in contact with the taxing authority or the court to defend your interests.

 

You say that you qualify for a grant that would have been sufficient to pay the taxes due -- which leads to the question why you didn't obtain the grant earlier in the process and pay the bill or use that information to work out some kind of arrangement.

 

---------

The rest of your post -- the reference to Supreme Court decisions regarding excessive fines, your description of your brother's case, and your recap of your educational background -- doesn't seem to relate to or have any bearing on your question.  

 

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50 minutes ago, nickec said:

Can I seek injunctive or other relief?

 

Of course you can seek it.  You also can seek the Holy Grail, Cibola, the Loch Ness Monster and the Fountain of Youth.  If your question is whether you're legally entitled to injunctive or other relief, your post provides no information from which anyone could form an informed opinion.

 

You didn't tell us anything about this deferral agreement with the County Treasurer.  Nor did you tell us why the city incarcerated, for how long you were incarcerated or why you believe the incarceration was wrongful.

 

 

52 minutes ago, nickec said:

This seems to be a case like the one the US Supreme Court recently ruled on where excessive fines were found to be unconstitutional.

 

Based on your description, I see no connection, but I'll reserve judgment until you provide clearer facts.

 

As for the rest of your post, I don't see what a case your brother was involved in or your educational background have to do with your situation.

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7 hours ago, nickec said:

I entered into a deferral agreeement with the Macomb County Treasurer in Michigan.  The City of Warren, Michigan proceeded to wrongfully incarcerate me preventing me from making timely payments.  The County tax foreclosed my paid-off homesteaded home of 47 years. Can I seek injunctive or other relief?

 

You might have an action against the city for damages suffered in the "wrongful" incarceration, but the details of the incarceration and why you think it was wrongful matter. I'm not seeing the connection between the incarceration and the tax foreclosure. You still have a responsibility to pay your taxes even if you are in jail or prison. See an attorney who litigates civil rights actions in Michigan to see if you have anything you can do about the wrongful incarceration at this point. There are just not enough facts on that to know if you might have a shot at winning a judgment on that.

 

What action(s) did you have in mind to stop with the injunction? I'm not seeing anything here where an injunction would be of any help to you.

 

 

7 hours ago, nickec said:

This seems to be a case like the one the US Supreme Court recently ruled on where excessive fines were found to be unconstitutional.

 

What you describe is nowhere close to what that Supreme Court case is about. The government did not take your property on a civil forfeiture for criminal activity nor because of an excessive fine that was imposed on you. It took the property on a property tax lien, and it has long been recognized that federal, state, and local governments have that power.

 

That you might have gone to law school back in the 1970s tells me nothing about your ability to analyze the law or to litigate a matter. You didn't go so you didn't learn the law then, and nothing in your post suggests you have much experience since that would educate you on what you need to do to litigate this on your own.

 

As for your brother, I don't know what he told you about his case but he did not litigate that pro se (representing himself). The case you cited is that one that was litigated in the U.S. District Court for the Western District of Michigan and the case opinion itself states that your brother was represented by a lawyer, so whatever he told you he did not do that case pro se (without a lawyer). Your brother lost that case. But then your brother and his attorney appealed that decision to the U.S. Court of Appeals for the Sixth Circuit. That case is Cafarelli v. Yancy, 226 F.3d 492 (6th Cir. 2000). He won in that appeal. And that opinion also notes he was represented by a lawyer. So he didn't do it himself. And in any event, if he's not a lawyer licensed in Michigan he cannot represent you in this matter.

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