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Can the State be sued for damages?

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rp3456

Junior Member
What is the name of your state? Indiana
In August of 2006 the Indiana Department of Revenue intercepted and seized a personal tax refund check to me from the IRS. Shortly after that, unannounced, my personal bank account was swept clean by a third party working under the authority of a state tax levy issued by the IDR. Both of these acts against me were based upon an erroneous tax claim that was previously proved to them, in May of 2006, to have been an internal error on the part of the IDR. In addition to the money they have taken and not returned, I have incurred the expense of NSF bank charges, long distance phone charges trying to recover my money, fees to my accountant in his efforts to get my money returned and my own time lost from work needed to make unreturned phone calls and otherwise attempt to chase this down. To all this add the interest on the money while it has been in their possession. My question is this: What recourse do I have as a private citizen? Do I need to incur the expense of a private attorney for this? Can I sue for all these financial losses including the cost of legal representation? I have calculated my costs for this act, which is clearly an infringement of my rights as a citizen, to date to be $3,141.76 not including interest on the initial amount seized.What is the name of your state?
 


seniorjudge

Senior Member
Your damages are the amount wrongfully withheld plus interest.

Sue the state in small claims AFTER you have exhausted all the bureaucratic remedies as set up by the tax folks in your state.
 

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