Should I file the complaint asking to settle in the amount

Discuss all aspects of suing CPS and its affiliates for the injustice done to your family.

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Sarah79
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Joined: Mon Jun 25, 2012 2:49 pm

Should I file the complaint asking to settle in the amount

Postby Sarah79 » Mon Nov 26, 2012 5:12 pm

Getting sick of waiting. Should I file the complaint with the county asking them to settle for damages or should I wait and get a lawyer to file it in court?

I have written up the complaint to county officials ending it with therefore we ask to be compensated in the amount of XX for the damages and wrong doing. I am tired of waiting.

My understanding is that I have two years from either the closing of the case or the time they were taken and none of them have passed yet.

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Eljay
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Re: Should I file the complaint asking to settle in the amou

Postby Eljay » Tue Nov 27, 2012 7:40 am

Sarah79 wrote:Getting sick of waiting. Should I file the complaint with the county asking them to settle for damages or should I wait and get a lawyer to file it in court?

I have written up the complaint to county officials ending it with therefore we ask to be compensated in the amount of XX for the damages and wrong doing. I am tired of waiting.

My understanding is that I have two years from either the closing of the case or the time they were taken and none of them have passed yet.


You have to give them the opportunity to "make it right" before going to court. It's called "acting in good faith." Give them every opportunity to fix things and you'll look like the more civil party in the end. If you just drop a lawsuit bomb on them, you're immediately placing the situation in hostile territory. Make sure you lay out your expenses (legal costs, time off work, babysitting, moving, etc.)
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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Sarah79
Posts: 122
Joined: Mon Jun 25, 2012 2:49 pm

Re: Should I file the complaint asking to settle in the amou

Postby Sarah79 » Thu Nov 29, 2012 7:40 pm

Filed an answer to a sumons yesterday with the court. Stating that they broke the law in charging us when they wrongfully removed children from our home and broke the law again when they charged us because MN law states that your income has to be 125% above the poverty line to be able to be charged at all.

They ignored and broke their own laws and to this date they have done nothing to rectify the situation. They broke statutes
260C.212 Subdivision 2 (a) (1,2)
M.S. 260C.212 Subdivision 2 (a) (1,2)
260C.212 Subdivision 2, (b) 1- 10.
549.211, subdivision 2

These are just the ones that have been uncovered so far they have broken many others and I am headed to the law library to look up the rest soon.

We should here back from them in 21 days but this is ridiculous.

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Eljay
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Re: Should I file the complaint asking to settle in the amou

Postby Eljay » Thu Nov 29, 2012 9:18 pm

Good for you for holding them to the law. They really can't argue when you state the codes!
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Sarah79
Posts: 122
Joined: Mon Jun 25, 2012 2:49 pm

Re: Should I file the complaint asking to settle in the amou

Postby Sarah79 » Sat Dec 01, 2012 10:52 am

I don't think this county cares. They overlook the law over and over again almost like a game. We filed that answer to a summons siting where they broke the law however I would not be suprised at all if they continue to charge us for out of home placement and completely ignore the statues. So what so you do when they REFUSE to obey the law??

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: Should I file the complaint asking to settle in the amou

Postby Eljay » Sat Dec 01, 2012 2:20 pm

Sarah79 wrote:I don't think this county cares. They overlook the law over and over again almost like a game. We filed that answer to a summons siting where they broke the law however I would not be suprised at all if they continue to charge us for out of home placement and completely ignore the statues. So what so you do when they REFUSE to obey the law??


File a lawsuit to enforce the law if it's civil; go to the FBI if it's criminal.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Sarah79
Posts: 122
Joined: Mon Jun 25, 2012 2:49 pm

Re: Should I file the complaint asking to settle in the amou

Postby Sarah79 » Sun Dec 02, 2012 8:07 pm

So how would you decide if it is criminal or civil? I mean besides the fact that they lied in their reports and slandered me to my friends? And did no investigation. Is this criminal well I think so? The charging us for out of home placement seems civil but isn't it always criminal to break the law?

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Eljay
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Re: Should I file the complaint asking to settle in the amou

Postby Eljay » Sun Dec 02, 2012 10:22 pm

FBI is for when they violate you civil rights, which they did. You should file a color of law complaint, for sure. Also file a civil lawsuit for damages AFTER you know where you stand with the FBI (greater chance for them to be in the mood to settle if the FBI is all up in their business).
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Sarah79
Posts: 122
Joined: Mon Jun 25, 2012 2:49 pm

Re: Should I file the complaint asking to settle in the amou

Postby Sarah79 » Mon Dec 03, 2012 1:10 pm

Ooooh Eljay smart!! Okay where do I find the FBI? I have not seen a FBI office before? Not like a police station.

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: Should I file the complaint asking to settle in the amou

Postby Eljay » Mon Dec 03, 2012 3:09 pm

Sarah79 wrote:Ooooh Eljay smart!! Okay where do I find the FBI? I have not seen a FBI office before? Not like a police station.


They're going to be in the larger cities. You can start with the FBI form (be very clear about how your CIVIL RIGHTS were denied, citing amendments and procedures with great specificity): http://www.fbi.gov/about-us/investigate ... lor_of_law
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


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