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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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I have been dealing with the Harris County TX Child Support

Resolved Question:

I have been dealing with the Harris County TX Child Support office for the past 12 years concerning the unlawful arrears they placed in my account. I moved to NC and my 2 children and their mother moved to TX. I have provided them with all of the documents showing that I do not owe from GA. The amount started at 45K, which was placed on my credit reports and has fluctuated for 11 years until they finally removed it from my credit reports last year but they still show a balance of more than 10K in their system. I have the payment histories showing this information. The ending balance on the payment history is approx 4K, which tells me that I have over paid approx 6K. How can I get them to clear my balance in their system and what are my chances of suing them for damaging my credit reports for more than 11 years? I have been denied jobs, housing, a chance to purchase a home finance charges for vehicles at 19 and 29 percent interest. Please help me.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • What, if anything, have you done to address the matter in court?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

Customer: replied 2 years ago.
I have not done anything to address this matter in court. Their upper level management told me directly that they are not going to just give me money until i sue them. It has been very difficult for me financially because of this item on my credit reports.
Expert:  Joseph replied 2 years ago.
You've mentioned three states, Texas, North Carolina and Georgia. Please explain the involvement of each state. This is important as it dictates where the litigation began and where it is proper now. Thank you.
Customer: replied 2 years ago.
We all live in GA. I moved to NC in 1998 and they moved to TX in 2000-01. The child support case was opened in GA. I have sent TX letters from GA stating no balances owed in GA. TX told me the $45k was a balance from my case in GA. This is not true. I have always supported my children. We were never married. the TX child support office never contacted the GA child support office to verify if a balance was owed. I have credit reports showing TX that the child support office posted this outrageous amounts on my credit reports. When I went to visit the office, the office manager Mr Dar Dar told me there is no record of them having such balences, I have sent information to the asst, Attorney General but only after I emailed the state's ombudsman.
Expert:  Joseph replied 2 years ago.
To be clear, I believe you meant that you all lived in Georgia and that no one resides there now. Correct?
Customer: replied 2 years ago.
Correct. However, I recently moved back to GA in 2011
Expert:  Joseph replied 2 years ago.

My thought would be to begin by having the case sent back to Georgia. First, this more convenient for you as that is again your state of residence. Second, you seem to be having more success in Georgia anyway.

 

As you are again a resident of Georgia, you just need to contact the agency to make them aware of your relocation and they should have the matter transferred back there for enforcement purposes.

 

Once the case is transferred back to Georgia, you could file a motion to correct the record. The motion would detail what you have described here;

 

- everyone resided in Georgia

 

- the mother and child moved to Texas while you moved to North Carolina

 

- Texas took over the child support case and their records became incorrect at some point

 

- You have proof of payment and records from Georgia indicating that you have actually paid more than your obligation

 

- You now need the state to correct the records so that your credit report may be corrected as well.

 

Once you have the motion filed, contact the judge's assistant to set the matter for a hearing. Then prepare your records for presentation in court. Once you have presented your evidence to the judge, he should enter an order requiring the state to fix their records.

 

Please let me know if anything requires clarification.

 

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 10 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
My children are 19 and 22 years old. The order stopped when they turned 18 years old. I have been paying the regular monthly amount but also I have paid a 'false' arreage amount every pay period for the past 11 years because of the $45k placed on my account by TX. They had no choice but to stop the child support oder last year in March 2011. My youngest child turned 18 in January 2011. As I have said before they with drew the overagges from the credit reports but they still have me owing more than $10k in their system. Is this something I can pursue in court and win because of theirclear neglect?
Expert:  Joseph replied 2 years ago.

Candidly, I would not suggest pursuing an action against the state for their "neglect". There would be a couple problems with such an action. First, any state entity is protected by what is commonly referred to as qualified immunity. This immunity protects the entity so long as they were reasonably acting within the scope of their duties. Meaning, you would need to demonstrate some intentional act to prevail.

 

Additionally, I would suggest that the fact that there were several states involved further complicates matters. When you have more than one state involved, it is fairly easy for each to blame the other and/or for there to be some miscommunication issues.

 

Further, there may be a problem with damages. To win an award here, you would need to demonstrate some loss and that the loss was directly attributable to the defendant. While I understand your statements as to damages, it would be difficult to directly link those damages to these actions.

 

All told, my opinion is that you end up spending a lot of time, money and effort on a case where your ability to prevail is questionable at best.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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