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
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
