Can I SUE DES/DCSE for damages?

[AnthonyH]

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

AZ DCSE has opened a case against me for unpaid child support. I have never missed a payment in 9 years. They have a collection agent requesting monies, now have an IRS off-set notice. It was reported on my credit report.

I have all letters from DES, name, dates, times of all phone conversations with DES over this matter, plus bank records. Along with their own records show nothing owed, either thru the Superior courts accounting or DES accounting system.

Always the same response, "we cannot help you. This is an automatic response from our computer system. You have unpaid back child support."

DES opened a NEW Atlas number and zeroed out my old child support account and is now claiming I owe this money.

Can I sue them for damages?

 

[mistoffolees]

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

AZ DCSE has opened a case against me for unpaid child support. I have never missed a payment in 9 years. They have a collection agent requesting monies, now have an IRS off-set notice. It was reported on my credit report.

I have all letters from DES, name, dates, times of all phone conversations with DES over this matter, plus bank records. Along with their own records show nothing owed, either thru the Superior courts accounting or DES accounting system.

Always the same response, "we cannot help you. This is an automatic response from our computer system. You have unpaid back child support."

DES opened a NEW Atlas number and zeroed out my old child support account and is now claiming I owe this money.

Can I sue them for damages?

Almost certainly not. Even if you were able to sue them and win (which isn't likely), what are your damages? Since everything will eventually get sorted out, you won't have any.

Ask to speak to a supervisor. If that doesn't work, ask to speak to their legal counsel. Or ask for a complete audit of your account. Or have your attorney write them a letter demanding that they fix your account. At this point, fixing the problem is more important than vengeance.

 

[AnthonyH]

Almost certainly not. Even if you were able to sue them and win (which isn't likely), what are your damages? Since everything will eventually get sorted out, you won't have any.

So, in the mean time, I suffer financial losses (credit reports) and possible job opportunities (again credit reports) because of their mistake? Not to mention the IRS is involved now.

Ask to speak to a supervisor. If that doesn't work, ask to speak to their legal counsel. Or ask for a complete audit of your account. Or have your attorney write them a letter demanding that they fix your account. At this point, fixing the problem is more important than vengeance.

Vengeance? Really?

Supervisor and case worker REFUSES to return calls, even though BY LAW they are required to within 5 business days.

This is going on 7 months. I've already requested a FULL AUDIT. I have all the accounting records for the last 9 years.

Thank you for the response.

 

[Proserpina]

So, in the mean time, I suffer financial losses (credit reports) and possible job opportunities (again credit reports) because of their mistake? Not to mention the IRS is involved now.



Vengeance? Really?

Supervisor and case worker REFUSES to return calls, even though BY LAW they are required to within 5 business days.

This is going on 7 months. I've already requested a FULL AUDIT. I have all the accounting records for the last 9 years.

Thank you for the response.

How have you been making payments? Directly to the other parent?

Have you physically gone down to the office?

 

[AnthonyH]

How have you been making payments? Directly to the other parent?

payments paid directly to clearing house w/ atlas case # per court order 9 years ago

Have you physically gone down to the office?

YES, and scheduled appointment, been and gone, was told it will be straightened out. Now it is WORSE than before.

 

[AnthonyH]

Almost certainly not.

So, you are stating that DES/DCSE is "protected/immune" under the 11th Amendment?

 

[mistoffolees]

So, you are stating that DES/DCSE is "protected/immune" under the 11th Amendment?

I'm saying that even if you could sue them, all you would get is an order for them to fix the problem. Your chances of collecting money are slim.

So your energy is better spent working within the system to fix the problem rather than spending potentially thousands of dollars and many months suing to get the same result.

 

[AnthonyH]

I'm saying that even if you could sue them, all you would get is an order for them to fix the problem. Your chances of collecting money are slim.

Still, you haven't answered the question.

So your energy is better spent working within the system to fix the problem rather than spending potentially thousands of dollars and many months suing to get the same result.

I've spent months working within the system, filing forms, requesting meetings, phone calls ... Already "months" into this, with the same results and getting worse. They're now looking for assets for seizure.

 

[stealth2]

Still, you haven't answered the question.

Yes, he has. You can sue, but you're not going to get any money from it.

 

[AnthonyH]

Yes, he has. You can sue, but you're not going to get any money from it.

And why will the judge rule no damages be awarded?

Can you provide some case law references?

 

[AnthonyH]

The Division of Child Support Enforcement is an agency that can absolutely and SUCCESSFULLY be sued for damages.

On the Maricopa County Court website, search turned up judgments awarded to plaintiffs (individuals).

The defendants: the State of AZ, DES and DCSE.

 

[TheGeekess]

The Division of Child Support Enforcement is an agency that can absolutely and SUCCESSFULLY be sued for damages.

On the Maricopa County Court website, search turned up judgments awarded to plaintiffs (individuals).

The defendants: the State of AZ, DES and DCSE.

Then go for it.

 

[mistoffolees]

And why will the judge rule no damages be awarded?

Can you provide some case law references?

Do it yourself.

The reason the judge won't award damages is that there ARE no damages. As long as they fix the problem, you can't prove any monetary damages.

Are there cases where people have sued and collected judgments? Sure. Almost always when someone wins, they simply recover the amounts that they overpaid. Since you can fix that by simply approaching the problem directly, a lawsuit seems like the long way around.

There are also people who win the lottery, but I wouldn't build my home finances around that as a plan.

 

[ecmst12]

This also won't be something a lawyer would take on contingency.

 

[mistoffolees]

I've spent months working within the system, filing forms, requesting meetings, phone calls ... Already "months" into this, with the same results and getting worse. They're now looking for assets for seizure.

And, still, instead of asking for help in solving the problem, you're looking for someone to sue and how much you might get in damages.

Why don't you ask for help in how to solve the problem? For example:

1. Have you escalated to a supervisor at DES?
2. Have you verified that your employer is actually sending the money?
3. Have you contacted the ombudsman?
4. Have you contacted DES' lawyer?

Here, I'll get you started:
https://www.azdes.gov/az_child_support/