UPDATE - 6/22/2015
From what I have been told, this judge retired earlier this year, yet he is still sitting in for other judges. It is my opinion that he should do the citizens a favor and really retire, go away and stop harming the taxpayers. He already had his turn playing God and destroying countless lives(mine included- see below). Does this mean that things are business as usual in Antrim? Please retire and let someone fair minded sit in judgement of the citizens. Please.....
MORE ABOUT THIS JUDGE AT LINKS:
An Example Of Judicial Incompetency In Michigan
http://theprettylieortheuglytruth.blogspot.com/2013/09/antrim-county-judgeichael-hayley-is.html
Judge Haley to retire
http://theprettylieortheuglytruth.blogspot.com/2015/01
District judge retires and no one will fill his shoes
http://theprettylieortheuglytruth.blogspot.com/2014/12/district-judge-retires-and-no-one-will.html
Seeking Truth - Anne Stanton - December 28th, 2006 - The Northern Express - Judge Michael Haley
http://theprettylieortheuglytruth.blogspot.com/2015/01/seeking-truth-anne-stanton-december.html
A STORY OF EVICTION
Judge Haley was the sitting judge in this case. He illegally evicted me from my home in Antrim County in 2010. Here is my email to the county clerk regarding my eviction. It is not the duty of the county clerk to run interference for the judge when he makes a mistake.
Monday, 30 August 2010 16:57
I was sexually abused as a child and became a teenage alcoholic as a result. I had two sons by the time I was 22.
Because I was drinking daily, my family enlisted the help of the Antrim County Child Protective Services to make me stop.
The end result of this intervention was the removal and eventual adoption of my children to strangers who were only in it for the federal adoption subsidies.
I continued to drink off and on over the next few years.
I had another son in 1993 and continued to drink until he was two years old. I went to treatment for the fourth time in 1996 and have been sober since.
In 1998 I met my daughter's father. He had custody of his seven year old son and we attempted to blend our families.
Our boys did not like each other and the tension in our home escalated until my ex grabbed his son by the upper arms, shaking him and leaving bruises.
This happened in April 1999.
We were living in Grand Traverse County, which shares a court system with Antrim County.
Because I didn't want or need that negativity in my life, I called the CPS for help in getting my ex some counseling for his son.
(I didn't realize that the Binsfeld Legislation was due to go into effect in July 1999. These laws were designed to stop drug addicts,etc. from repeatedly having babies that languish in the foster care system. Binsfeld has been used by Michigan CPS agencies to justify the illegal removal of children from their families to be sold or "adopted" for a fee.
Strangers are paid several hundred dollars per month to take these kids in. These federal adoption funds are a huge cash cow for the states.)
The CPS harassed me from April until July 1999 when I was served with papers to terminate my parental rights because I witnessed and reported child abuse.Because my older children were adopted out in 1989, the CPS wanted to remove and adopt my other children 10 years later. They even perjured themselves in an attempt to steal my children to sell.
My court appointed attorney and the court referee were both on the Board of Directors for Northwest Michigan Child Guidance Center, which held the largest foster care contract in the county.
I was allowed to keep my children and reported this abuse of power to the proper authorities.
I moved back to Antrim County in 2000.
I have been harassed by the CPS/ judicial system since.
In 2004 I attempted to get counseling for my sexually abused 10 year old son.
I discovered that he had inappropriately touched his 11 year old cousin through her underwear and threatened to kill her if she told anyone.
My son ended up in juvenile detention for four months before spending 17 more months locked up in a private psychiatric hospital. He also was made to register quarterly as a sex offender.
Luckily I found a wonderful attorney who got my child off the SOR.
A federal civil suit is pending.
Antrim County also messed up the custody order regarding my daughter and just gave her to he dad. I had to go $10,000 into debt for an attorney to fix that mistake. It took eight months to get her back.
Apparently the employees of Antrim County still aren't finished violating our rights.
As a direct result of the actions of our local court employees, we are facing illegal eviction any day.
I will explain this mess a briefly as possible.
I have been buying my home on land contract since 2003.
Last year my unemployment got messed up and I was without income for four months. I fell behind on my payments and taxes and was taken to court at the end of last year.
I was given 90 days to get current.After the 90 days, I was served eviction papers without a hearing and was told by the process server that he would give me time to move. That isn't how the eviction process is supposed to work.
I was able to make a deal with the contract holder and gave him more $3450 in January 2010.
I made my monthly payments.
In May I received a call from his daughter regarding the property taxes. Historically I have always paid them with my tax return.
I didn't pay this year because I gave my entire tax return to my contract holder.
I even offered to pay extra every month on the balance that I still owed to him but was told no because he didn't want to mess up the amortization schedule and we would worry about it later.
I intended to make payments on the taxes once I got back to work in May.
Instead I was served eviction papers by the contract holders stating that I haven't made a
payment since last October.
That isn't true. The contract holder added up the balance owed and the back taxes and divided the amount by my house payment. They then counted backwards and presented the court with paperwork stating I have been living here since last October without paying.
I wrote the contract holder a note telling him that I am confused because I had been paying and I was tired of the stress of waiting to get served court papers.
We had a hearing July 29, 2010.
Apparently the contract holder gave my house to his daughter and he didn't show up for court.
The deal he and I had was null and void and I was treated in a rude manner by the judge.
Michigan law states that I have 90 days to get current - if I do not, then the contract holder has to follow the same steps as if they were evicting a renter.
Instead the judge gave me thirty days, That was up two days ago.
I had 10 days to appeal this bad decision. Four of the ten days were weekend days and Monday August 9 was my last day to appeal.
I went to the Antrim County Clerk's office in the morning and started to explain why I was there to the young girl who was working the desk. She was reaching under the counter for something when one of the older women rudely took over the transaction from her.
This woman insisted that I was going to have to go home and go to Michigan Law Library and print out a summons and complaint and come back.
Again I explained that I wanted to file an appeal but she rudely insisted that I needed that summons and complaint to continue.
As I was walking down the hallway she yelled at me not to forget my $150 filing fee.
I went home and wasted two hours trying to figure it out.
I went back to Bellaire and went to the district court to see if they would help me. The woman at the window called over to the clerk's office and I was then told that I needed to go to the 86th District Court website to print the forms.
I went to the library and the librarian helped me. We went to the site and wasted much time trying to find the forms. I called over to the clerk's office and asked for the form number.
The woman finally and rudely told me that it was MC55.
The librarian and I could only find forms through MC52 - I called back and another person answered and finally told me where the proper form was located online.
I printed it out and hurried back to the clerk's office.
That woman came up to the desk and reached under and handed me a check list of things I would need to appeal.
I asked her why she didn't give that list to me earlier and I was told "that's what happens when you want to act as your own attorney."
She then informed me that I was going to need a receipt from the court recorder stating that I applied for a copy of the transcript from the July 29 hearing.
I asked her why she didn't tell me that earlier and she said that"nobody likes an appeal."
I told her that it was still my right and I was going to exercise my rights if I so choose.
I went back to the district court and was given the recorders number. I called and left a message. She could have faxed me that receipt but she ignored my call. I called again on August 18 and was ignored then as well.
I have reported this to the court but so far nobody wants to help us.
Apparently the court and it's employees can do whatever they want to poor people who can't afford to fight back.
So my kids I sit and wait to get thrown out of our home because the judge messed up and I was blocked from appealing by the county clerk's office.
Because the court is operating outside of the law, I have no idea what is next for us.
I'd like to save my home or at least be allowed to leave in an orderly manner.Thirty days isn't enough time to come up with the money and I can't afford an attorney to exercise my rights. All I want is to be treated fairly.
Some free country.
UPDATE: John Fant came to my home on a Thursday at the end of September about 45 days into this mess and served my 17 year old son with eviction papers.(even though according to Michigan law and Legal Services I had 90 days to get current with my payments and was in the process of borrowing the money, then the contract holder could evict me as though I were a renter and there is a process for this). John Fant had the decency to give us 72 hours to get out, but we were forced to leave behind possessions and a big mess - 3 days to pack up 3 lives - nice
.He told my son that he was supposed to kick my door in on Monday and put my possessions in the street and that the last person that happened to had all of their stuff stolen because they weren't home.
Where is the due process in this county? Also, since Antrim County was named in my federal lawsuit, I feel Judge Hayley ruled like he did as a result.I would have continued to appeal but the court recorder refused to return my repeated call to her detailing why I needed a receipt and Ms. Eggleston wouldn't let me file without it. My children thank these lovely ladies for costing them the only home they ever knew. We are now staying at my mom's and all of my kids possessions have been in storage for a year. They also lost their pets.
My point is that I would have had ample time to save my home had I been given the 90 days allowed by law. I have consulted with my attorney and intend to pursue any and all options available to me to get some relief.
Ms. Eggleston has no business in a position of power. Her husband inherited their home and she has no clue what it is like trying to support a family and pay for housing. I guess I am finished for now. I just want you to let those ladies know that this is far from over,
Once an order of eviction is entered, it must be served on the defendant. An order of eviction can only be served by an appointed court officer.
The court may enter a money judgment in addition to a possession judgment if the you joined a money claim to the complaint for possession. If the defendant fails to pay a money judgment when ordered, you must go back to the court and file additional papers to collect on the money judgment by having the defendant's wages or bank account garnished or their property seized. This cannot occur until 21 days after the money judgment is entered. As part of the money judgment, the defendant must provide information to the court that can be used in post judgment collection efforts. See information about collection.
.
Because I was drinking daily, my family enlisted the help of the Antrim County Child Protective Services to make me stop.
The end result of this intervention was the removal and eventual adoption of my children to strangers who were only in it for the federal adoption subsidies.
I continued to drink off and on over the next few years.
I had another son in 1993 and continued to drink until he was two years old. I went to treatment for the fourth time in 1996 and have been sober since.
In 1998 I met my daughter's father. He had custody of his seven year old son and we attempted to blend our families.
Our boys did not like each other and the tension in our home escalated until my ex grabbed his son by the upper arms, shaking him and leaving bruises.
This happened in April 1999.
We were living in Grand Traverse County, which shares a court system with Antrim County.
Because I didn't want or need that negativity in my life, I called the CPS for help in getting my ex some counseling for his son.
(I didn't realize that the Binsfeld Legislation was due to go into effect in July 1999. These laws were designed to stop drug addicts,etc. from repeatedly having babies that languish in the foster care system. Binsfeld has been used by Michigan CPS agencies to justify the illegal removal of children from their families to be sold or "adopted" for a fee.
Strangers are paid several hundred dollars per month to take these kids in. These federal adoption funds are a huge cash cow for the states.)
The CPS harassed me from April until July 1999 when I was served with papers to terminate my parental rights because I witnessed and reported child abuse.Because my older children were adopted out in 1989, the CPS wanted to remove and adopt my other children 10 years later. They even perjured themselves in an attempt to steal my children to sell.
My court appointed attorney and the court referee were both on the Board of Directors for Northwest Michigan Child Guidance Center, which held the largest foster care contract in the county.
I was allowed to keep my children and reported this abuse of power to the proper authorities.
I moved back to Antrim County in 2000.
I have been harassed by the CPS/ judicial system since.
In 2004 I attempted to get counseling for my sexually abused 10 year old son.
I discovered that he had inappropriately touched his 11 year old cousin through her underwear and threatened to kill her if she told anyone.
My son ended up in juvenile detention for four months before spending 17 more months locked up in a private psychiatric hospital. He also was made to register quarterly as a sex offender.
Luckily I found a wonderful attorney who got my child off the SOR.
A federal civil suit is pending.
Antrim County also messed up the custody order regarding my daughter and just gave her to he dad. I had to go $10,000 into debt for an attorney to fix that mistake. It took eight months to get her back.
Apparently the employees of Antrim County still aren't finished violating our rights.
As a direct result of the actions of our local court employees, we are facing illegal eviction any day.
I will explain this mess a briefly as possible.
I have been buying my home on land contract since 2003.
Last year my unemployment got messed up and I was without income for four months. I fell behind on my payments and taxes and was taken to court at the end of last year.
I was given 90 days to get current.After the 90 days, I was served eviction papers without a hearing and was told by the process server that he would give me time to move. That isn't how the eviction process is supposed to work.
I was able to make a deal with the contract holder and gave him more $3450 in January 2010.
I made my monthly payments.
In May I received a call from his daughter regarding the property taxes. Historically I have always paid them with my tax return.
I didn't pay this year because I gave my entire tax return to my contract holder.
I even offered to pay extra every month on the balance that I still owed to him but was told no because he didn't want to mess up the amortization schedule and we would worry about it later.
I intended to make payments on the taxes once I got back to work in May.
Instead I was served eviction papers by the contract holders stating that I haven't made a
payment since last October.
That isn't true. The contract holder added up the balance owed and the back taxes and divided the amount by my house payment. They then counted backwards and presented the court with paperwork stating I have been living here since last October without paying.
I wrote the contract holder a note telling him that I am confused because I had been paying and I was tired of the stress of waiting to get served court papers.
We had a hearing July 29, 2010.
Apparently the contract holder gave my house to his daughter and he didn't show up for court.
The deal he and I had was null and void and I was treated in a rude manner by the judge.
Michigan law states that I have 90 days to get current - if I do not, then the contract holder has to follow the same steps as if they were evicting a renter.
Instead the judge gave me thirty days, That was up two days ago.
I had 10 days to appeal this bad decision. Four of the ten days were weekend days and Monday August 9 was my last day to appeal.
I went to the Antrim County Clerk's office in the morning and started to explain why I was there to the young girl who was working the desk. She was reaching under the counter for something when one of the older women rudely took over the transaction from her.
This woman insisted that I was going to have to go home and go to Michigan Law Library and print out a summons and complaint and come back.
Again I explained that I wanted to file an appeal but she rudely insisted that I needed that summons and complaint to continue.
As I was walking down the hallway she yelled at me not to forget my $150 filing fee.
I went home and wasted two hours trying to figure it out.
I went back to Bellaire and went to the district court to see if they would help me. The woman at the window called over to the clerk's office and I was then told that I needed to go to the 86th District Court website to print the forms.
I went to the library and the librarian helped me. We went to the site and wasted much time trying to find the forms. I called over to the clerk's office and asked for the form number.
The woman finally and rudely told me that it was MC55.
The librarian and I could only find forms through MC52 - I called back and another person answered and finally told me where the proper form was located online.
I printed it out and hurried back to the clerk's office.
That woman came up to the desk and reached under and handed me a check list of things I would need to appeal.
I asked her why she didn't give that list to me earlier and I was told "that's what happens when you want to act as your own attorney."
She then informed me that I was going to need a receipt from the court recorder stating that I applied for a copy of the transcript from the July 29 hearing.
I asked her why she didn't tell me that earlier and she said that"nobody likes an appeal."
I told her that it was still my right and I was going to exercise my rights if I so choose.
I went back to the district court and was given the recorders number. I called and left a message. She could have faxed me that receipt but she ignored my call. I called again on August 18 and was ignored then as well.
I have reported this to the court but so far nobody wants to help us.
Apparently the court and it's employees can do whatever they want to poor people who can't afford to fight back.
So my kids I sit and wait to get thrown out of our home because the judge messed up and I was blocked from appealing by the county clerk's office.
Because the court is operating outside of the law, I have no idea what is next for us.
I'd like to save my home or at least be allowed to leave in an orderly manner.Thirty days isn't enough time to come up with the money and I can't afford an attorney to exercise my rights. All I want is to be treated fairly.
Some free country.
UPDATE: John Fant came to my home on a Thursday at the end of September about 45 days into this mess and served my 17 year old son with eviction papers.(even though according to Michigan law and Legal Services I had 90 days to get current with my payments and was in the process of borrowing the money, then the contract holder could evict me as though I were a renter and there is a process for this). John Fant had the decency to give us 72 hours to get out, but we were forced to leave behind possessions and a big mess - 3 days to pack up 3 lives - nice
.He told my son that he was supposed to kick my door in on Monday and put my possessions in the street and that the last person that happened to had all of their stuff stolen because they weren't home.
Where is the due process in this county? Also, since Antrim County was named in my federal lawsuit, I feel Judge Hayley ruled like he did as a result.I would have continued to appeal but the court recorder refused to return my repeated call to her detailing why I needed a receipt and Ms. Eggleston wouldn't let me file without it. My children thank these lovely ladies for costing them the only home they ever knew. We are now staying at my mom's and all of my kids possessions have been in storage for a year. They also lost their pets.
My point is that I would have had ample time to save my home had I been given the 90 days allowed by law. I have consulted with my attorney and intend to pursue any and all options available to me to get some relief.
Ms. Eggleston has no business in a position of power. Her husband inherited their home and she has no clue what it is like trying to support a family and pay for housing. I guess I am finished for now. I just want you to let those ladies know that this is far from over,
Evicting the Purchaser and Collecting Your Money
If the court enters a possession judgment in favor of the plaintiff and the defendant does not move out or pay any arrears and costs ordered to retain possession within the time stated in the possession judgment (not less than 90 days), the plaintiff can file an application with the court to have the defendant evicted. Follow the instructions on the Order of Eviction, form DC 107. An order of eviction cannot be issued if any part of the amount due under the possession jugment has been paid, unless a hearing has been held after the defendant has been given notice and an opportunity to appear, or if the judgment states otherwise.Once an order of eviction is entered, it must be served on the defendant. An order of eviction can only be served by an appointed court officer.
The court may enter a money judgment in addition to a possession judgment if the you joined a money claim to the complaint for possession. If the defendant fails to pay a money judgment when ordered, you must go back to the court and file additional papers to collect on the money judgment by having the defendant's wages or bank account garnished or their property seized. This cannot occur until 21 days after the money judgment is entered. As part of the money judgment, the defendant must provide information to the court that can be used in post judgment collection efforts. See information about collection.
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