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    united we stand's Avatar
    united we stand Posts: 17, Reputation: 2
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    #1

    Oct 17, 2008, 08:13 AM
    Bring lawsuits against child support agency for abuse of authority
    C:eek:an regular people who have been abused by clear violations of the law as it applies to the child support ENFORCEMENT agency sue for damages in Civil court.
    mishelly3's Avatar
    mishelly3 Posts: 300, Reputation: 16
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    #2

    Oct 19, 2008, 12:23 PM

    Well you you have the right to take them to court, but you have to prove that they have done that so the burden of proof is on you... So find a great lawyer and go get them.
    mwazbox's Avatar
    mwazbox Posts: 2, Reputation: 1
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    #3

    Nov 4, 2008, 12:08 PM
    Wow! Am I ever glad to see this post -BUT-you should post in FAMILY LAW, not criminal. {moved}

    MY exhusbands attorney had their firm representing ME in the San Diego County Child Support Services file, even though I was pro per in the Court Case File. As a result, they told me because I was represented by an attorney (HAH! - my ex's atty had a great strategy) the would not speak with me. I couldn't check in before a modification hearing, they wouldn't speak to me on the phone, I couldn't speak with a case manager or the enforcement division regarding my payments... NOTHING. They continued to collect by wage garnishment 4 years after my oldest daughter was emancipated and 1 year after my youngest was. I also just figured out that the reason my ex would not produce his tax returns was because his wife had a flexspending acct or MSA they were receiving reimbursement of med expenses for that I had already paid one half of!!

    At any rate, Ihave the same question about whether they Child Support Collection Agency (usually a county agency where case was filed) can be held liable for their actions. I spoke with an atty about it last yr (mine is a CA case) - most are very reluctant to make a claim/sue an agency they (or their firm) has to work with, or may have to work with for their existing & future clients. Don't know where you are, but this could be a possible class action, maybe civil rights violation (limited access to due process?) - I'm not an attorney - but surely - SOMEONE OUT THERE must know something or have ideas??
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 5, 2008, 06:42 AM
    Hello citizens:

    Yes, ordinary people can sue. Yes, bureaucrats are required to follow their own rules.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 5, 2008, 06:46 AM

    Yes you can sue, but you will need to prove that the abuses have been willful and/or negligence.

    Consult an attorney.
    mwazbox's Avatar
    mwazbox Posts: 2, Reputation: 1
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    #6

    Nov 5, 2008, 08:25 PM
    Any idea what type of attorney (specialization) might be willing to take on a case like this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Nov 6, 2008, 06:59 AM

    Civil law
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Nov 6, 2008, 04:21 PM

    The reason most are reluctant is because they state has A lot more money they can throw away then you ( avg joe citizen ) has. So they can tie it up in courts forever. That can get very very expensive. But your entitled to try. You might try for a class action suit as from my experience the people running the system are incompetent.

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