filing cross-complaint against government entity(LAUSD)

[sadgodmother]

What is the name of your state (only U.S. law)? California
Do I have to file a claim to file a cross-complaint?

 

[tranquility]

Why don't you tell us what's going on. Have you been sued?

 

[sadgodmother]

Why don't you tell us what's going on. Have you been sued?

I am being sued by LAUSD for overpayment of wages. I was not overpaid.

 

[sadgodmother]

I dont know if I am replying correctly.
I am being sued by LAUSD for overpayment of wages. I was not overpaid.
I was told I had to file a claim to file a cross-complaint, I filed a claim, it was returned for being late.
I still need to inform the court I was NOT overpaid AND I am owed wages.
I filed an "answer" of general denial when this all began.
I am owed wages and in 2007 LAUSD paid me negative earnings on blank voided checks,
in other words, I did not get paid.
I was not overpaid, I was not paid.

 

[Zigner]

I dont know if I am replying correctly.
I am being sued by LAUSD for overpayment of wages. I was not overpaid.
I was told I had to file a claim to file a cross-complaint, I filed a claim, it was returned for being late.
I still need to inform the court I was NOT overpaid AND I am owed wages.
I filed an "answer" of general denial when this all began.
I am owed wages and in 2007 LAUSD paid me negative earnings on blank voided checks,
in other words, I did not get paid.
I was not overpaid, I was not paid.

Speak to the union rep

 

[sadgodmother]

Speak to the union rep

It's gone far far past talking to a union rep. I did that in 2006, 2007, 2008, and 2009. If you can't tell by the fact I'm being sued---my Union-UTLA- was of no help.

 

[Zigner]

It's gone far far past talking to a union rep. I did that in 2006, 2007, 2008, and 2009. If you can't tell by the fact I'm being sued---my Union-UTLA- was of no help.

Then it would seem that they agree that you owe money.

 

[sadgodmother]

Then it would seem that they agree that you owe money.

Gee... thanks for all your help

 

[Zigner]

Gee... thanks for all your help

One is glad to be of service.

 

[ecmst12]

Sounds like you need a lawyer. I don't think you have a prayer of winning the suit AGAINST you without one, let alone a countersuit.

 

[Silverplum]

This is supposed to be updated annually: don't you have a current copy?

The 08 version: http://laschoolboard.org/sites/default/files/UniformComplaintProcedures.pdf

What with the General Testiness, I saw no need to search further.

 

[sadgodmother]

Can I please get some help? I would like to know how to file a cross-complaint against a government entity (LAUSD) because I am being sued by them for overpayment of wages. I was not overpaid. I have filed a claim with LAUSD but it was returned for being late. I want to file a cross-complaint against LAUSD because they owe me wages. Do I have to file with the court to accept a late claim, OR can I file a cross-complaint by asking for a leave from the court? I am in California, and LAUSD stands for Los Angeles Unified School District. I am a disabled retired Special Ed. Teacher.

 

[CdwJava]

Clearly there is a lot more to the tale than them simply issuing you a negative check, them somehow believing they overpaid you, and you denying being overpaid.

If you intend to prevail against such a large organization as the LAUSD, you had better have an attorney to represent your interests. I cannot imagine for one moment that they are suing you for overpayment without having transferred SOME money to you at some point. They have to show that they paid you, and from what you have written here, you were never paid at all ... did you volunteer your services? What were those services?

Here is a link for some assisatnce ... maybe:

http://www.saclaw.org/pages/responding-lawsuit.aspx

 

[tranquility]

While one would not normally have to file a complaint before a cross-complaint, your situation may be problematical for a few reasons. One, it is a government entity. Another, there is a bargaining agreement in place. Yet another is the length of time we're talking about. Maybe more as well when we get into the facts. Someone else may be able to help you on your specific issues as it does not seem to be strictly legal ones in the general sense. I suspect you would have had to administratively make claims within certain time periods for wage issues with the school district. Failing to use all available administrative remedies may prevent you from making a claim at this time.

Since you are asking the question, I assume you are not represented. You need representation. If you don't have it, you will almost assuredly lose to the government lawyers so it is worth scraping together as much as you can to get one. As to the rest, when you say it was returned for being late, who returned it? If the court clerk, how far along are you in litigation?

 

[sadgodmother]

This is supposed to be updated annually: don't you have a current copy?

The 08 version: http://laschoolboard.org/sites/default/files/UniformComplaintProcedures.pdf

What with the General Testiness, I saw no need to search further.

Its nice to know you are pleased with yourself.
I thought this site was to obtain legal help, not to be made fun of.
I hope you are proud of yourself.
Are you really an attorney?