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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34246
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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The state has sent me a letter stating, sorry about my lost

Customer Question

The state has sent me a letter stating, sorry about my lost of my father. DDS will now recover their monies from when my mother was on medicaid $$$. My father never passed away. Can I sued DDS?
Thank You,
J
Submitted: 3 years ago.
Category: Estate Law
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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In order to be able to sue a person or entity, they would first have to be subject to civil suit. Then you would have to be able to prove monetary damages in order to recover.
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In this case, since this is a governmental agency, they would have "soverign immunity" and wouldn't be subject to civil suit. On top of this, since this is clearly a clerical error and not some type of willful or malicious act, you wouldn't be able to sue for something like harassment or intentional infliction of emotional distress.
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Unfortunately, although they were clearly showing their incompetence, you wouldn't have any legal recourse against them for their error.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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