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Turbo42

Guest
What is the name of your state? Florida

My name is Oscar Washington I'm doing my case Pro Se. I just have a question If your suing a government agency such as the Sheriff Department or DCF, do I have to give notice to the United States Attorney, is it talking about their (agency/officer) attorney? I sent out summons to the defendants which the court approved to the agency and officers to answer in 20 days. Here it states,



(A) The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or cross-claim - or a reply to a counterclaim - within 60 days after the United States attorney is served with the pleading asserting the claim.




Questions

1. Is paragraph (A) talking about the agency/officers attorneys? if not, which United States attorney is it referring to?

2. Do they have more then 20 days in which to answer me?

3. Why did the courts OK my summons to them for 20 days if they are allowed 60 to answer? I am suing them in their individual and official capacity.

I'm asking these questions because the 20 days is up and they have not answered.


If you can help me with this I would greatly appreciate it.

Oscar
 


O

OC3902

Guest
Turbo42 said:
What is the name of your state? Florida

My name is Oscar Washington I'm doing my case Pro Se. I just have a question If your suing a government agency such as the Sheriff Department or DCF, do I have to give notice to the United States Attorney, is it talking about their (agency/officer) attorney? I sent out summons to the defendants which the court approved to the agency and officers to answer in 20 days. Here it states,



(A) The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or cross-claim - or a reply to a counterclaim - within 60 days after the United States attorney is served with the pleading asserting the claim.




Questions

1. Is paragraph (A) talking about the agency/officers attorneys? if not, which United States attorney is it referring to?

2. Do they have more then 20 days in which to answer me?

3. Why did the courts OK my summons to them for 20 days if they are allowed 60 to answer? I am suing them in their individual and official capacity.

I'm asking these questions because the 20 days is up and they have not answered.


If you can help me with this I would greatly appreciate it.

Oscar
1. Did you sue in Florida State court or Federal court? It sounds as if you filed in Federal court, though I'm curious as to why, if you're suing a Sheriff's Department and its deputies ... the facts in your post don't indicate what you're claiming in your lawsuit. If you sued in State court, in many states you would give notice/submit a tort claim to the governmental agency ... unless Florida has an additional requirement to give notice to the U.S. Attorney, but that would be unusual.

2. How much time defendants have to answer the complaint depends on whether you filed in Florida State court (and possibly your county rules) or Federal court. In Federal court, it's 20 days, but there are exceptions.

3. It looks like a Federal statute that you cited, which may not apply if you sued in State court. If the statute applies, there may be local court rules imposing a shorter time period to file an Answer.
 
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