Q: Is a county clerk and or clerk staff liable for damages resulting from extensively inaccurate account maintenance?
Would a clerk of court/staff be liable for monetary damages stemming from over a decade of inaccurate account maintenance?
The child support account in question was initially given a satisfaction of judgment and closed after the child reached majority. However, after a inquiry for modification, it showed that more than $20,000 was still owed on the account.
From it's registering, the only amount recorded was paid in it's entirety.
As the obligor, I attempted several times, (after emancipation of the child before mentioned) to inquire and request for account information., to no avail.
I feel, from a legal standpoint, my complaint has merit. My concern is that because it is a government entity, it may not be strong enough to pursue for damages. Any help in this area would be most appreciated.
Also, I ask that all answers be from a legal standpoint and not personal, thanks again.
A:
A lot of what you're inquiring about probably depends on HOW you've been damaged. What money did you lose by the allegedly inaccuracies? Has your reputation in the community suffered as a direct result of the inaccuracies (and not simply from the fact that you owed child support)? Has your credit suffered, or have you been declined a loan due at least in part on the inaccuracies? Assuming the clerk is liable (which there may be a defense of immunity as a governmental actor), proving your damages may be difficult. Just because the information is wrong doesn't mean you get to collect damages unless you've actually been harmed by the inaccuracies.
Alternatively, if you simply want the record to be accurate (assuming it is, in fact materially inaccurate), you might be able to pursue a mandamus action.
However, there are just too many unknowns in your question to provide any kind of specific response, and the above response are mere generalities based on the information you provided.
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