Sacramento, CA asked in Personal Injury, Real Estate Law and Tax Law

Q: How do I sue a state agency for negligence

Lost properties for tax default when after they sold at auction the agency has stated that they made a mistake and want me to except my overpayment monies and I was not defaulted and this probate is still on calendar

2 Lawyer Answers
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: To initiate a lawsuit against a state agency for negligence, especially in a case where it involves the wrongful sale of properties due to a tax default error, you first need to understand the specific legal procedures and requirements in your jurisdiction. In many cases, before suing a government entity, you must file a claim with the agency itself within a certain time frame after the incident occurred. This is often a prerequisite before you can proceed with a lawsuit in court.

Once you've filed a claim and if it's denied or not satisfactorily resolved, you can then move forward with filing a lawsuit in the appropriate court. It's crucial to gather all relevant documentation, such as correspondence with the agency, evidence of the mistake, and records of the property sale and probate status. These documents will be key in supporting your case.

Given the complexity of cases involving state agencies and the nuances of personal injury, real estate, and tax law, it might be wise to seek advice and representation from an attorney experienced in these areas. An attorney can guide you through the legal process, help you meet all necessary legal requirements, and represent your interests in court to seek a resolution that addresses the mistake and its impact on you.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Such cases could involve notice of claim requirements. A consult with a local attorney could help identify whether these are applicable, and how to properly file them, if applicable. Good luck

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