how to sue the attorney general

by Allie Senger 3 min read

What happens when you sue the Attorney General?

Sep 09, 2010 · I have what I feel is a pretty strong case of discrimination against the Texas Child Support Division of the AG's office. I have for over two years been trying to get help in regards to my child support, and while the system is glad to help my ex with all the support she needs, in two years, I have never even received a return phone call from my case worker or the manager …

How do you sue a state government?

Nov 08, 2015 · Even though you cannot sue the Attorney General, sometimes if you call your state representative, their office has access to an ombudsmen in the Attorney General's office and can cut through the red tape. I certainly hope you are a registered voter. You can still speak with your state representative even if you are not. Good luck.

Should I serve the Attorney General of the United States?

Nov 15, 2015 · Step 1 (choose one of the following) (a) Deliver a copy of the summons and complaint to the U.S. Attorney in the district where the action is brought or. (b) Send a copy of the summons and complaint to the civil-process clerk at the office of the U.S. Attorney.

Can the Assistant Attorney General accept service of summonses and complaints?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People’s Lawyer” for the citizens. Most are elected, though a few are appointed by the governor. Select your state to connect to your state attorney general's website.

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Can you sue the government for violating the Constitution?

Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.

How do I sue the US government?

Filing an Administrative Claim. In a lawsuit against another person or business, you can typically go straight to court. But if you want to sue the federal government, you must first file an administrative claim with the federal agency that caused you harm.

Can I sue the Texas attorney general?

Suing the Attorney General is the only way to get relief from an adverse letter opinion. 2 It is also an element3 of an affirmative defense in a criminal prosecution for refusing to provide access to or copying of public information.

What are the best things to sue for?

Top 6 Reasons to Sue
  1. For Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ...
  2. For Protecting Your Property. ...
  3. For Replacing a Trustee. ...
  4. For Getting a Divorce. ...
  5. For Enforcing the Terms of a Contract. ...
  6. For Discrimination and Harassment.

Can a citizen sue the President?

Opinion. In a 5–4 decision, the Court ruled that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts.

Can states sue the federal government?

RICH. L. REV. 845, 849–50 (2012) (contending that States may sue the federal government only to protect their own “federal interests”—rights conferred by the Constitution or federal law—and not to challenge federal preemption).

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.
  • Bad Debt. A type of contract case. ...
  • Breach of Contract. ...
  • Breach of Warranty. ...
  • Failure to Return a Security Deposit. ...
  • Libel or Slander (Defamation). ...
  • Nuisance. ...
  • Personal Injury. ...
  • Product Liability.

What can you sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.Sep 29, 2021

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.

What is an OAG?

If you aren't satisfied with the response you're getting, then ask to speak to the following personnel, in this order: local office manager, local office managing attorney, regional administrator, then state office in Austin. It is my understanding that they don't like to keep money "on hold" without a good reason. If the higher-ups don't believe there's a good reason for the responses and services...

Can you sue the Texas Attorney General for child support?

How do you sue the Texas Attorney General Child Support Division? Likely unsuccessfully because of the various doctrines of immun ity that are available to it. And, even if you can find an attorney who has a theory about how to sue the Child Support Division, the cost of litigation will likely exceed the amount in controversy. This means that not only will the litigation cost more than the mistake you believe...

Can you sue the Attorney General?

Even though you cannot sue the Attorney General, sometimes if you call your state representative, their office has access to an ombudsmen in the Attorney General's office and can cut through the red tape. I certainly hope you are a registered voter. You can still speak with your state representative even if you are not. Good luck...

How many times do you have to serve the Attorney General?

Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!

Who accepts summonses and complaints?

The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77 (j). United States Attorneys have no authority to accept service on behalf of the Attorney General.

Where to send summons and complaint?

Send a copy of the summons and complaint by registered or certified mail to the U.S. Attorney General at Washington, D.C. While the address for the U.S. Attorney General is usually stated as 950 Pennsylvania Ave., NW, Washington , D.C . 20530, I would literally just write on the label “U.S. Attorney General, Washington, DC 20530.”

Which rule sends you right back to Rule 4?

So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1).

Who served the officers and employees of the United States in Mercedes v. Holder?

In a decision in the case, Mercedes v. Holder, the judge stated that the plaintiff “served the officers and employees of the United States who are named defendants in this action, including the Attorney General.” Taking a look at that affidavit of service, service was addressed to “Eric Holder, Attorney General, U.S. Dept. of Justice, 950 Pennsylvania Ave., NW, Washington, D.C. 20530.”

Did the government contested the judge's decision that service of process upon the Attorney General?

For some reason, the government never contested the judge’s determination that service of process upon the Attorney General – pursuant to Rule 4 (i) (2) and NOT Rule 4 (i) (1) (B) – was not mailed to Assistant Attorney General for Administration.

How to sue a state for a personal injury?

Draft a Notice of Claim. Before you can sue a state government for a personal injury, you need to send the government notice of the claim. Some states will have forms you can fill out. To check, search “your state” and “notice of claim lawsuit” in your favorite web browser. Generally, you will need to provide the following information:

What to do after a denial of a claim?

The denial is merely a formality. After your denial, you can file your lawsuit or negotiate with the state.

How to write a complaint for a state?

Draft a complaint. In the complaint, you explain how the state or state official injured you. You also need to identify who you are suing. You can sue individual state officials and the state itself. For example, you might sue “Jennifer Smith, Employee at Maryland Correctional Facilities, and the State of Maryland, as defendants.”

What to do if you don't include information in your Notice of Claim?

Wait to hear back from the government. The government might contact you if you failed to include required information in your Notice of Claim. You should quickly provide any missing information so that you have submitted a complete, accurate claim before the deadline.

What information do you need to file a claim?

Generally, you will need to provide the following information: The name and address of the person bringing the legal claim. If a minor was injured, then state the child’s name and address and the name and address of a parent or guardian. The address where you want the state to send notices.

How to respond to a public employee who hurt you?

The name of the public employee who hurt you. State the name if you know it. If you don’t, then simply respond, “Not presently known.”

What to do if you think you have been discriminated against?

Hold onto communications with state government employees. If you think that you have been discriminated against, then any communication might be helpful. The employee might have slipped up and said something which shows bias.

How long do you have to file a wage and hour lawsuit?

They control how much time you have to file a lawsuit. The statute of limitations for most wage and hour violations is 3 years after the violation. If you miss that deadline, you will not be able to sue.

How long does it take to file a complaint with the AGO?

If you request a private right of action, you should hear from the AGO's Fair Labor Division in 3 to 4 weeks.

What is the right of action for a worker?

Workers have the right to sue their employers for violations of wage and hour laws and prevailing wage laws. This is called the worker's "private right of action.". There are two ways you might receive a private right of action.

How to get a lawyer for theft?

Going to court is complicated. You may want a lawyer to help with all or parts of your case. You can attend the Attorney General’s Wage Theft Clinic to talk to a lawyer for free. You can also find a lawyer through a local legal services agency or a bar association.

What is the phone number for small claims court?

For more information, call (617) 788-8810 or visit the Small Claims Court website.

Can you sue if you miss the deadline?

If you miss that deadline, you will not be able to sue. For most violations, you must first file a complaint with the Attorney General's Office (AGO) before filing your lawsuit in court. The time you spend waiting for the AGO to respond to the complaint does not count toward the 3-year deadline for suing after a violation.

Why do contractors file lawsuits?

Some other causes for lawsuits against contractors include: The contractor completes the job but unsatisfactorily; The contractor completes the job but the work violates safety standards; The contractor took advantage of the homeowner, such as by accepting a deposit or payment but then failing to complete the agreed upon work; or. ...

What are some examples of lawsuits against contractors?

Examples of this include missing deadlines or failing to perform all of the work required.

What is breach of contract?

Breach of Contract Claim: Breach of contract refers to one party failing to follow through with their side of a contract. This may occur when the party has not delivered on their claims within an appropriate time frame, or when one party fails to perform at all. A contractor may found liable for breach of contract if they miss deadlines, do not begin the project, partially complete the project, or fail to utilize construction materials that were previously agreed upon in the contract. There are four main types of breach under the breach of contract umbrella: 1 Minor Breach: This occurs when a party fails to perform part of the contract, but does not violate the entire contract. This is sometimes referred to as an impartial breach; 2 Material Breach: This occurs when a breach is so substantial that it impairs the contract as a whole. In addition, the core purpose of the agreement must be rendered completely defeated by the breach. This is sometimes referred to as a total breach; 3 Fundamental Breach: This is essentially the same as a material breach. However, a fundamental breach is considered to be much more egregious than a material breach; or 4 Anticipatory Breach: An anticipatory breach is a breach that occurs when one party notifies the other that they will not be able to fulfill the terms of their contract. Anticipatory breach may also be referred to as anticipatory repudiation.

What is contract fraud?

Fraud Claim: contract fraud occurs when one party knowingly makes a false claim, intending to trick or deceive the other party into signing the contract. A homeowner may sue a contractor for fraud if they told the homeowner that the completed project would look one way, but the result is vastly different.

Can you sue a contractor for breach of contract?

As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process. This is especially true since state laws vary.

Can you sue a contractor without a written contract?

The reason that you can still sue a contractor without a written contract is because you may argue that an implied or oral contract was formed. For example, if you hire a contractor to paint your whole house, but they only paint 80% of your house, you may be able to have a court enforce your oral contract by having the contractor partially refund ...

Can you have a court enforce an oral contract?

For example, if you hire a contractor to paint your whole house, but they only paint 80% of your house, you may be able to have a court enforce your oral contract by having the contractor partially refund you or pay the costs of having the work completed.

What can the Attorney General do to enforce child support?

The Office of the Attorney General Enforces the Order. When child support payments aren't made, the Office of the Attorney General can take many actions to enforce the court order. These can include court action, license suspension, credit reporting, passport denial and more.

How many licensing agencies does OAG have?

The OAG works with over 60 licensing agencies and can request that these agencies suspend your drivers, professional and hunting and fishing licenses, if you fail to pay your child support.

What is the Massachusetts Attorney General's Office?

The Massachusetts Attorney General’s Office is an advocate and resource for the people of Massachusetts in many ways, including protecting consumers, combating fraud and corruption, investigating and prosecuting crime, and protecting the environment, workers, and civil rights.

Who is the Attorney General of Massachusetts?

Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts.

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