IS THIS STILL THE LAW ABOUT INTENT TO SUE WITHIN 180 DAYS

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Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

IS THIS STILL THE LAW ABOUT INTENT TO SUE WITHIN 180 DAYS

Postby Dazeemay » Thu Aug 11, 2005 8:47 am

I found this with no dates or anything so I don't know if it is still current that one must file intent before the 180 days is up.

Does anyone know about this?
*******************************************




Notice of Intent to Sue must be filed within 180 days after Wrong-Doing

"I met with Jorge Franco, attorney in AZ (he just won the 7 million award trial by jury for the sister and father of Liana Sandavol against the state and CPS) He asked me to do whatever I can do to get this information out to everyone as soon as possible.

He states that he has spoken to many parents who have valid claims against CPS and the state, but these claims WILL NOT BE successful in court because of one thing, and he wants me to tell everyone about this now so that their claims are not dead before they even get prepared for filing in the future.

He said that the current law (which he believes is unconstitutional but since that law exists it stands for now until it is challenged) requires that any suit or claim made against the state MUST have proper notice...

THAT notice must be filed within 180 days of the date that the actual claim occurred on. NOT the date the child was returned, not the date the one gets their cps file, but THE DATE THE WRONGDOING TOOK PLACE.

For example, in my case, he asked a simple question... When did I know that the removal of my baby was wrong?

I told him, the day they took him.

He said, that is the day the 180 began to toll. A claim has to be filed 180 from that very day, no later in order to preserve the right to sue later on...there are time limits for filing the lawsuit, which must also be met, BUT first the notice of intent to sue must be filed and done timely before the lawsuit will ever be successful in court.

THAT is what parents are not being informed of, which in my mind raises the issues of at the very least, having a malpractice suit against any lawyer representing a parent who claims they are falsely accused and who they do not inform that parents of their right to sue later on and the requirement that they file the notice of intent to sue within 180 days of the wrongful act taking place.

Please post far and wide, let everyone know that they must file an intent to sue within 180 of the wrongful act taking place. If they don't their right to sue later on will be gone...and their case will never be successful based upon that one issue alone. There is no defense to not filing, including having no knowledge of such requirement...obviously a design by the state and others to ensure they are not sued by parents who they act against wrongfully...

The public must be informed of this....they have to file a notice of intent to sue, within 180 days of the wrongful act taking place..

The notice of intent to sue is outlined in each states statutes, as what is required in the notice. Basically the notice must state the cause of action, who acted wrongfully, against whom the act was done, who is involved, what they did that was wrong, what legal grounds the intent to sue is based upon, and a DOLLAR amount that is being demanded to recover for the wrongful act...

Anyone who has the intent to file such notice should contact an attorney asap to ask about this requirement so that their notice of intent to sue contains the required statutorily and other specifics in the notice to ensure their right to sue is protected later on...

This is vital to their case, if this is not done, and done timely and properly, their case will fail...this has to be done, HAS TO BE DONE in every case or their lawsuit will fail when it is filed.

Robin in Arizona
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Postby Guest » Thu Aug 11, 2005 9:15 am

I want no part of this forum
Last edited by Guest on Sat Oct 22, 2005 9:22 am, edited 1 time in total.

Anonymous

Postby Anonymous » Thu Aug 11, 2005 11:01 am

`Can a parent do this even thuo their children have not been returned as of yet after being done wrong?And mine has been 1 year and 4 months since this happended to me.

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pebbles04
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Postby pebbles04 » Thu Aug 11, 2005 11:47 am

so what is my chances then...they terminated my rights on april 26th, 2004...so do I still have time cuz as far as I see it it is the only WAY I am going to be getting my kids Back!!
*whoever said that there is a honest social worker.?...they are not all totally honest and just because they are workers does not make them invinceable nor 100% honest...**
(that is my quote)

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Postby Guest » Thu Aug 11, 2005 11:49 am

I want no part of this forum
Last edited by Guest on Sat Oct 22, 2005 9:24 am, edited 2 times in total.

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Postby Guest » Thu Aug 11, 2005 11:58 am

I want no part of this forum
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mamawolf
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Joined: Tue Jun 07, 2005 6:25 pm

Postby mamawolf » Mon Aug 15, 2005 7:52 am

I have an additional question about filing a federal lawsuit for civil rights violations. My boys are still in CPS custody and have been for 7 years now. I have had one appeal against termination and won. The judge last order was just short of termination. They can't terminate because under state law, the kids must be adoptable and mine aren't due to their problems. We now have absolutely no contact of any kind allowed with our sons and that ruling has had an appeal field as well. The same judge made both decisions and completely ignores anythign CPS does wrong, even direct violations of court orders.

Anyways, my husband and I both feel we have nothing ot lose at this point. We want to proceed forward with requesting our case files and all the other records. He also agrees with me about filing a civil rights suit in federal court. Can we proceed forward with our plans? As you can see, we really have nothing to lose and will include as part of our suit that venue be changed. Last time it took over 2 years for the appeal to be decided. At this rate our sons will be 14 & 15 by the time the appela court makes a ruling.

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Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Re: IS THIS STILL THE LAW ABOUT INTENT TO SUE WITHIN 180 DAY

Postby Chaco » Mon Aug 15, 2005 10:13 am

Dazeemay wrote:I found this with no dates or anything so I don't know if it is still current that one must file intent before the 180 days is up.

Does anyone know about this?
*******************************************




Notice of Intent to Sue must be filed within 180 days after Wrong-Doing

"I met with Jorge Franco, attorney in AZ (he just won the 7 million award trial by jury for the sister and father of Liana Sandavol against the state and CPS) He asked me to do whatever I can do to get this information out to everyone as soon as possible.

He states that he has spoken to many parents who have valid claims against CPS and the state, but these claims WILL NOT BE successful in court because of one thing, and he wants me to tell everyone about this now so that their claims are not dead before they even get prepared for filing in the future.

He said that the current law (which he believes is unconstitutional but since that law exists it stands for now until it is challenged) requires that any suit or claim made against the state MUST have proper notice...

THAT notice must be filed within 180 days of the date that the actual claim occurred on. NOT the date the child was returned, not the date the one gets their cps file, but THE DATE THE WRONGDOING TOOK PLACE.

For example, in my case, he asked a simple question... When did I know that the removal of my baby was wrong?

I told him, the day they took him.

He said, that is the day the 180 began to toll. A claim has to be filed 180 from that very day, no later in order to preserve the right to sue later on...there are time limits for filing the lawsuit, which must also be met, BUT first the notice of intent to sue must be filed and done timely before the lawsuit will ever be successful in court.

THAT is what parents are not being informed of, which in my mind raises the issues of at the very least, having a malpractice suit against any lawyer representing a parent who claims they are falsely accused and who they do not inform that parents of their right to sue later on and the requirement that they file the notice of intent to sue within 180 days of the wrongful act taking place.

Please post far and wide, let everyone know that they must file an intent to sue within 180 of the wrongful act taking place. If they don't their right to sue later on will be gone...and their case will never be successful based upon that one issue alone. There is no defense to not filing, including having no knowledge of such requirement...obviously a design by the state and others to ensure they are not sued by parents who they act against wrongfully...

The public must be informed of this....they have to file a notice of intent to sue, within 180 days of the wrongful act taking place..

The notice of intent to sue is outlined in each states statutes, as what is required in the notice. Basically the notice must state the cause of action, who acted wrongfully, against whom the act was done, who is involved, what they did that was wrong, what legal grounds the intent to sue is based upon, and a DOLLAR amount that is being demanded to recover for the wrongful act...

Anyone who has the intent to file such notice should contact an attorney asap to ask about this requirement so that their notice of intent to sue contains the required statutorily and other specifics in the notice to ensure their right to sue is protected later on...

This is vital to their case, if this is not done, and done timely and properly, their case will fail...this has to be done, HAS TO BE DONE in every case or their lawsuit will fail when it is filed.

Robin in Arizona



Dazee,

This is what I was talking about in my PM to you. I have been searching this site for the "tort" claim onformation. I can't back up anything I've done so far with any web sites. I think Angel is searching the web for cases (actual papers that were filed) from start to finish on the civil suits. I think this is very important information to get out to EVERYONE.

The only thing I have (so far) is OUR COUNTY papers that need to be filled out before an actual civil suit can be filed. I had 180 days from the day they took my step-son to file the tort papers. These were NOT papers that needed to filed with the court! We filled them out (extremely easy to fill out) and took them to the agencies that we are suing. They HAD TO DATE AND TIME STAMP them and give us our copy back!

The part of this that takes so much time (and the only reason attorneys charge so much for the service) is getting these agencies to "give up" the papers in order to fill them out!!! They will go so far as to tell you that YOU DON'T NEED THEM! Such liars!

In our case the school district didn't want to give us the required papers so my husband went into the school district office, asked for the papers and when the woman said she didn't have a clue what we were talking about, he said, "that's fine, what's your name because when we go back to the attorney your name will be added to the lawsuit." That was it! She called her supervisor, her supervisor tried the same crap so my husband said, "please spell your name because you are now a part of the problem and will be sued along with everyone else." LOL... SHE THEN CALLED HER SUPERVISOR! This is the woman that had the papers that were needed!

EACH COUNTY IS DIFFERENT! One of our attorney's (different county) showed us an example of what the papers looked like. Each agency is different! Bottom line though... EACH PAPER HAS BASICALLY THE SAME QUESTIONS ON IT. Some simply give more space to put in an answer and some ask more question. But the same basic information is on all of them.

I live in California and I realize each state MAY be different, but DON'T COUNT ON IT!

Chaco
My thought for the day.........
CPS workers are like Slinkies

Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Mon Aug 15, 2005 11:04 am

Thanks Chaco for the info. :)

I did not receive a pm from you, was that today?
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Postby Chaco » Mon Aug 15, 2005 11:34 am

Dazeemay wrote:Thanks Chaco for the info. :)

I did not receive a pm from you, was that today?



No, it was a while ago, maybe a week or so. Now I'm feeling kind of like a dork! I really have problems with the PM... this isn't the first time something didn't go through. Or maybe I'm just wording it wrong... I sent it to your "in box" on this forum. Is that the same as a PM?

Let me see if I can pull up "sent messages," naturally I don't know if that's a feature offered or not but I'm going to check it out now.

Chaco
My thought for the day.........

CPS workers are like Slinkies



Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

User avatar
Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Postby Chaco » Mon Aug 15, 2005 11:40 am

Okay, it shows the letter I sent to you Dazee. I sent it on Aug. 7th. Would you like me to send it again?

Chaco
My thought for the day.........

CPS workers are like Slinkies



Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Mon Aug 15, 2005 11:57 am

Go ahead!

To do a pm you can click on the persons name and then it brings up info about them and on the left side of the page under my avatar is this.

Contact Dazeemay
E-mail address:
Private Message:click the two little icon people here
MSN Messenger:
Yahoo Messenger:
AIM Address:
ICQ Number:
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Chaco
Posts: 358
Joined: Sat May 21, 2005 2:15 am
Location: Central California

Postby Chaco » Mon Aug 15, 2005 12:06 pm

Dazeemay wrote:Go ahead!

To do a pm you can click on the persons name and then it brings up info about them and on the left side of the page under my avatar is this.

Contact Dazeemay
E-mail address:
Private Message:click the two little icon people here
MSN Messenger:
Yahoo Messenger:
AIM Address:
ICQ Number:



Did you get it this time?

Chaco
My thought for the day.........

CPS workers are like Slinkies



Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Mon Aug 15, 2005 12:10 pm

I got it thanks.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
pebbles04
Posts: 235
Joined: Tue Dec 14, 2004 4:54 pm
Location: Virginia
Contact:

Postby pebbles04 » Wed Aug 17, 2005 8:43 am

well in pertains to my rights being violated they have been violated many many times and we have the proof...the reasons of my kids and the rights being terminated and why it is bogus is cuz...well let me see they said that I failed to do stuff on the plan but let me tell you there was a bunch of stuff on that plan and i was done with everything minus the fact that i was going through individual therapy...but see the object is not to complete it all but to at least show you are moving forward and making a positive change...that is number 1....number 2 is that they sat there and stated that they did this and this for me ..we are going to get records of the recorder so I can confirm these things cuz i know that someone lied and typed up the wrong stuff in the court...the funny thing is that we had two recorders in the court...my mom paid for one and then the social workers paid for one to..go figure that they said that the transcripts from the one that recorded for social services was not beneficial in any way...well hmmm i wonder why...I know that they framed theirselves that day...the only question is why is it not documented and why is the judge siding with them..
*whoever said that there is a honest social worker.?...they are not all totally honest and just because they are workers does not make them invinceable nor 100% honest...**

(that is my quote)


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