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  1. #1
    Join Date
    Jul 2010

    Can I sue the Clerk of Court?

    Can I sue the Clerk of Court in North Carolina? I had a ticket that I hired a lawyer for and got taken care of, paid my fines within the time frame etc. If I hadn't I would have gotten my license revoked. After I took care of everything I didn't worry about it anymore because I'd taken care of my part and never heard anything else about. Months after I thought this was supposed to be resolved I got pulled again and the officer took my license saying that it had been revoked months prior. I had to get my car towed seeing as I couldn't drive and was out of town away from family and friends. I made calls the next day only to find out that I had in fact done everything right, they had received my payments etc. It shouldn't have been revoked. It turns out that the clerk of court had simply neglected or forgotten to send over the letter to the dmv updating my case so my license wouldn't be taken. I now have charges for displaying a revoked license and driving with a revoked license. Can I sue for false arrest or anything? I did nothing wrong the clerk just didn't do their part, and now I have to deal with all this.

  2. #2
    Join Date
    Sep 2009
    Such agents of the Court generally enjoy some type of quasi judicial immunity.

    Unless Malice could be proven, a lawsuit for damages is probably not a viable legal permittance.

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