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Can i successfully sue ACS for harrassment, emotional distress,and Defamation of character?
Optional Information: Country relating to Question: United States State (if USA): New York Already Tried: This is my initial inquiry.
ACS is one of the most negligent, incompetent and abusive agencies you will ever deal with. They lie, they fabricate evidence, they are abusive because the courts give them so much power. You can indeed sue them, but you need to file a notice of intent to sue within 90 days of their violation and you will need patience and need an attorney as well. There is a site that does provide self help for those taking on child services without an attorney in civil matters, http://www.bellaslaw.com, but that is a difficult type of case to bring without legal experience.
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Thanks for the information,but I'm a little unclear on the 90 day rule. Do you mean 90 days since the case was first filed in court March 27, or 90 days since they responded to my harrassment claim with a boldfaced lie, which i have documented proof to refute, sent in a letter from the Office of Advocacy( June 12)? Will I be able to get a money award for the actual damage and expense ACS has caused me? Can you be a little more specific about the emotional distress claim. I have failed my classes, lost myjob, and been physically ill after being dragged through court on trumped up charges.Is this important in the court's opinion and judgment?
It is 90 days from the violation you are suing them over that you must give them notice of your intent to sue and make a demand on them. You can seek actual damages plus damages for the emotional distress against them. Emotional distress is one of those subjective terms to the court, you have to show how their conduct caused you distress and the physical illness caused by that stress as well as losing your employment and failing classes based on their charges and their false statements. It is up to the court based on how good of a case you put on and how much evidence you can present about their negligence and lies.
Thanks, XXXXX XXXXX is concise and clear. Just one last thing, can you recommend any great NYC firms that might take my case on a contingency basis. Kinda broke right now :(
I am afraid aside from that website I gave you above if you are looking for a free attorney, you can call the NY Bar and also check with legal aid for assistance.
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law