Q: How do I go about filing a claim against a state prison for unlawful, detainer and loss of wages and property damage?
I was unlawfully detained which led me to lose my job, and my home was damaged by them
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- California
- (916) 704-3009
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- Answered
A:
Under California law, filing a claim against a state prison for unlawful detention, loss of wages, and property damage involves specific steps and deadlines.
First, you must file a claim with the California Victim Compensation Board (CalVCB). This is a prerequisite for any lawsuit against a state agency, including a state prison. The claim form can be found on the CalVCB website and must be filed within six months of the incident.
In your claim, detail the unlawful detention, the resulting job loss, and the property damage. Include any evidence you have, such as employment records, police reports, and photographs of the property damage. Be thorough in describing the impact on your life and finances.
After filing with the CalVCB, if your claim is denied or not responded to within 45 days, you can then file a lawsuit in court. It's crucial to adhere to the timeline, as missing the six-month deadline can result in your claim being barred.
Given the complexity of such cases and the potential for significant legal challenges, you should consider seeking legal guidance. An attorney experienced in claims against state entities can help navigate the legal system, ensure deadlines are met, and represent your interests effectively.
Remember, the process can be lengthy and complex, so starting as soon as possible is advisable. Documentation and evidence are key, so gather and organize all relevant materials to support your claim.
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