Can I Sue Department of Revenue for Gross Negligence?

[tailinred1]

What is the name of your state (only U.S. law)?
Florida

Can I sue the State of Florida Child Support Enforcement Department of Revenue?
Having gone to court, won custody of my son September 2011, judge wipes away any and all support and arrears and issues me credit for 2k, take judges signed order to personally deliver to Department of Revenue Child Support Enforcement in December 2011, had to go back again with signed order in hand January 2012 because no changes were made yet, and yet again, judges signed order in hand February 2012 because it's still on my credit and showing 5k in arrears, then receive an income deduction order, then they intercept lifeline tax return of $2,500.00 even after 4 consecutive trips hand delivering the courts order to the States CSE? telling me I have to wait for an IRS letter as to who took it? Without my tax return I can't pay my rent or utilities, was turned away from a home lease because of the $5k arrears, can't get a loan on my return because of the arrears on my credit...I'm sunk. Can I sue for damages? The court order is now over six months old, hand delivered to the appropriate department, to the appropriate people, and I get this. Clerks office shows exactly what the judge ordered and is reflected in their CSE report. This bites and they should be held accountable for gross negligence and contempt. Any suggestions or advice appreciated.What is the name of your state (only U.S. law)?

 

[Zigner]

Duplicate Post https://forum.freeadvice.com/civil-litigation-46/can-i-sue-department-revenue-cse-department-575340.html


(It's Sunday - have some patience for the volunteers please )

 

[davidmcbeth3]

You can sue the department, you CAN also sue an individual in the department. The standard is high to be able to do this, I don't see enough here to support it.

 

[Just Blue]

You can sue the department, you CAN also sue an individual in the department. The standard is high to be able to do this, I don't see enough here to support it.

Interesting. Please post the FL statue/FL Case Law to support this assertion. Thanks.

 

[ecmst12]

Since this is the correct forum, I reported the other post.

 

[tailinred1]

Didn't know which forum was applicable...my bad.

 

[DownTime]

What is the name of your state (only U.S. law)?
Florida

Can I sue the State of Florida Child Support Enforcement Department of Revenue?
Having gone to court, won custody of my son September 2011, judge wipes away any and all support and arrears and issues me credit for 2k, take judges signed order to personally deliver to Department of Revenue Child Support Enforcement in December 2011, had to go back again with signed order in hand January 2012 because no changes were made yet, and yet again, judges signed order in hand February 2012 because it's still on my credit and showing 5k in arrears, then receive an income deduction order, then they intercept lifeline tax return of $2,500.00 even after 4 consecutive trips hand delivering the courts order to the States CSE? telling me I have to wait for an IRS letter as to who took it? Without my tax return I can't pay my rent or utilities, was turned away from a home lease because of the $5k arrears, can't get a loan on my return because of the arrears on my credit...I'm sunk. Can I sue for damages? The court order is now over six months old, hand delivered to the appropriate department, to the appropriate people, and I get this. Clerks office shows exactly what the judge ordered and is reflected in their CSE report. This bites and they should be held accountable for gross negligence and contempt. Any suggestions or advice appreciated.What is the name of your state (only U.S. law)?

When you brought the order in the first time, you should have requested a review right there. I do not know why nobody bothered to tell you that, unless they were unclear on your intentions (we the people do *not* speak the same legalize as those who work with legal paperwork daily) or simply negligence. One person being negligent is one thing, but 3 or 4? Communication break down.

Where you taken into an office each time, and sat down and talked, or did you just drop it off at an intake window in reception?

http://dor.myflorida.com/dor/childsupport/modification.html

 

[tailinred1]

I was taken into the standard room, verified who I was, submitted my court order, again. they made copies again, I even submitted clerk of court CSE report showing 0 balance, 2 thousand in credit, along with my credit report showing the 5,000.00 in arrears. They didn't even bother to tell me in the 3rd visit they were going for an income deduction order to my new employer? (excuse me, I've submitted a court order to you 3 times) And now? they seized my 2011 tax return.

 

[DownTime]

I was taken into the standard room, verified who I was, submitted my court order, again. they made copies again, I even submitted clerk of court CSE report showing 0 balance, 2 thousand in credit, along with my credit report showing the 5,000.00 in arrears. They didn't even bother to tell me in the 3rd visit they were going for an income deduction order to my new employer? (excuse me, I've submitted a court order to you 3 times) And now? they seized my 2011 tax return.

I don't know if I'm about to be helpful or not, especially considering that I do not know if you have a case here or not, but I do know that if you have one, doing everything you can to remedy a situation looks great for you.

Today, you should call the main dor number for the state, and request a modification review. They might be able to stop everything in process until the review is done. Might. Maybe.

Also, getting ahold of the obligee and asking for your return back might be an idea. If the dor does it right, you may retroactively be credited all paid funds (maybe only!), but the obligee would be ordered to repay what they got and who knows how well that would go, especially if they already spent it by the time the review is over.

So, get out your info, and call the state office, and get a review.

Sorry you are going through this, for what it's worth.

 

[CJane]

If you waited until December to inform CSE that the order should be changed, then you were likely too late to stop the intercept order that went to the IRS. Those usually go in October or November.

The fact that your refund was intercepted isn't the fault of CSE.

 

[tailinred1]

If the final copy of the "signed" order was only made available via mail in November, and in less than 30 day's of receiving that order I personally hand deliver to an official agent of CSE not once, not twice, but three separate times before my fourth and final visit in February, they could not have corrected the problem in 60 days? Even the clerks office who is known to be turtle slow had it right by January. I could see if I sent it in the mail however, to put in the hand of an official agent? might has well have been Tallahassee right?

 

[TinkerBelleLuvr]

If the final copy of the "signed" order was only made available via mail in November, and in less than 30 day's of receiving that order I personally hand deliver to an official agent of CSE not once, not twice, but three separate times before my fourth and final visit in February, they could not have corrected the problem in 60 days? Even the clerks office who is known to be turtle slow had it right by January. I could see if I sent it in the mail however, to put in the hand of an official agent? might has well have been Tallahassee right?

The intercept was already with the Feds when the change was made.

 

[CJane]

If the final copy of the "signed" order was only made available via mail in November, and in less than 30 day's of receiving that order I personally hand deliver to an official agent of CSE not once, not twice, but three separate times before my fourth and final visit in February, they could not have corrected the problem in 60 days? Even the clerks office who is known to be turtle slow had it right by January. I could see if I sent it in the mail however, to put in the hand of an official agent? might has well have been Tallahassee right?

I don't think it would have been possible for the state to RETRACT the intercept request, upon your presentation of the documents.

The good news is, you can probably get the money BACK, but it's not as simple as walking into DOR and demanding that it be so.

 

[Alex1176]

I'm just wondering if he can revoke their DLs, passports, other licenses, ruin their credit and send them to jail for contempt

 

[tailinred1]

Thank you Alex1176, According to FMS who handles the treasury disbursements, there is a hotline for state agencies to contact. I think we are forgetting the facts though. 4 trips to a state agency in 90 days, no return contact other than an income deduction order to my new employer, a turned down apartment lease application, a denied credit card app, because of DOR's $5,000 "in collections" on my credit app, and intercepting my return the icing on the cake. This case was a DOR case to begin with. Had they had my current address? I think your right Alex, I'd be in jail with a suspend DL and my kid would be a foster child now.
I wrote the Governor, and have now secured an attorney who believes I have a very good case. Feel sorry for the other victims of the system out there who do not have the ability to go after justice.