Conestoga, PA asked in Bankruptcy for Pennsylvania

Q: I live in pa. I have a case with drs.Debt has been caused by this agencies employees. Can I sue to get my losses back?

First I was ordered to pay $1500 a month in support.

This order happened 4 weeks into me being an owner operator.

I feel thry disregarded my business expenses. It was either pay for my business or pay the support.

By doing so I got put in debt.

Went back to being a company driver, lost my business due to not being sble to upkeep the business with high support payments

Now to recent times, drs froze my account. This after having my payments current.

Long story short out of times they caused this time $235 previous $50,000 in debt

And I try to give them the opportunity to correct what they caused and they run from it.

Now I am left aith no other alternative but to sue, not the agency, but want to sue the employees who caused this and the judges who signed for these actions.

How do I go about this? And can I sue the employees?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: Why is this a bankruptcy question?

Spousal or child support has nothing to do with debts. You have an obligation to support your child if this was for child support.

Your suggestion that drs. debts (whoever that is) froze your account makes no sense. No one can "freeze" your bank account. Drs. debts would have had to get a judgment against you first before your bank account can be levied upon. And if you had a judgment against you, then you would have had plenty of notice and time to meet with an attorney to find out how to structure things so as to prevent a possible bank levy.

You do not indicate any facts by which drs. debts would be liable for anything. Nor is the court liable. Child support is based on the support guidelines and on both the parents' income unless this is a situation outside the guidelines (it is outside the guidelines where one parent might be a very high income earner, like a sports athlete or entertainer).

If the child support was too high, your remedy was to appeal or get a lawyer and present evidence to the court justifying a lower sum. Did you do that? Or are you going to blame others for a mess that you helped create?

Employees of whom? You can sue anybody else for anything at any time. The question is not whether you can sue but whether you can recover. You cannot sue the judge for entering an order. The employees to whom you refer I am assuming employees of drs. debts. You cannot sue them unless you have evidence of independent acts of misconduct. Otherwise, any lawsuit would be against the company with whom you had a business arrangement IF they breached their contract in some way with you or committed some act of negligence against you.

You provide no facts so my thoughts are that a lawsuit is unlikely to succeed against anybody. At a minimum, you have to demonstrate that whoever you sued you: (1) had a duty to you; (2) breached that duty; (3) caused you harm - either bodily harm or financial harm; and (4) you have to prove the exact amount of your damages from the harm. If you cannot establish any of the elements then you cannot prevail in any legal action.

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