commentator
Senior Member
Most state agencies are protected by a solid border of state and federal statutes, and it is arranged so they are not subject to civil lawsuits about their actions, at least not easily. And it is not a profitable case to take, so attorneys are not hot to get them.
If a person were actually pulled in in error and his tax refund, for example was taken to cover child support money he did not actually owe, he would be repaid anyway. No damages. They do not do "pain and suffering," for the trouble you have gone through.
In this case, the OP has suffered no actual damages except the as of now imaginary situation in which his credit report causes him to be denied credit or reflects on a job he hasn't applied for yet negatively. And he has not gone through all the appropriate channels to determine whether the charges are valid and get the error taken care of yet. Have you spoken to the departmental Commissioner's office? Your state legislator's office?
If he retains an attorney, it should be to defend himself against the charges, not to sue the state for daring to suggest he's not at 100% of what he owes in the first place. When a person is taken into the system, when he pays his support through the support enforcement system, they reserve the right to subject him to audit and evaluation at their discretion. While the system may have made a whopper of a mistake here, you still have to solve it through the system it came from, not by dragging it out and into civil court instead.
If a person were actually pulled in in error and his tax refund, for example was taken to cover child support money he did not actually owe, he would be repaid anyway. No damages. They do not do "pain and suffering," for the trouble you have gone through.
In this case, the OP has suffered no actual damages except the as of now imaginary situation in which his credit report causes him to be denied credit or reflects on a job he hasn't applied for yet negatively. And he has not gone through all the appropriate channels to determine whether the charges are valid and get the error taken care of yet. Have you spoken to the departmental Commissioner's office? Your state legislator's office?
If he retains an attorney, it should be to defend himself against the charges, not to sue the state for daring to suggest he's not at 100% of what he owes in the first place. When a person is taken into the system, when he pays his support through the support enforcement system, they reserve the right to subject him to audit and evaluation at their discretion. While the system may have made a whopper of a mistake here, you still have to solve it through the system it came from, not by dragging it out and into civil court instead.
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