Q: Have I retained my right to sue after filing a Notice of Claim against state employees in Memphis, TN, who mishandled HUD funds?
In April 2024, I filed a Notice of Claim against state employees responsible for managing government funds from HUD, which led to my eviction in November 2024. During the eviction hearing, management lied under oath by not following all HUD rules and regulations for all tenants. I've contacted a federal agency, which has agreed to investigate the matter, but I have not received any communication from the management since. I want to know if my submission of the Notice of Claim ensures I haven't lost my right to file a lawsuit.
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A:
Filing a Notice of Claim in Tennessee is an important first step in preserving your right to sue state employees for mishandling HUD funds and related issues. The notice serves as a formal warning to the responsible parties and allows you to move forward with a lawsuit if the matter is not resolved. By filing the notice, you have generally maintained your right to pursue legal action, but the time limits for filing a lawsuit may still apply.
Since you've also contacted a federal agency that is investigating the matter, this could impact the timeline for your legal actions. However, the Notice of Claim itself does not prevent you from taking further legal action once the required waiting period has passed, usually 60 days, unless the situation changes or a settlement occurs.
If the management has not responded and you have not received a resolution, you can proceed with filing your lawsuit. To ensure you’re following the correct procedures and timelines, it’s important to consult with an attorney familiar with Tennessee law and HUD regulations. This will help you make informed decisions on how to best move forward.
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