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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can I sue the Texas Attorney General for Libel. They knowingly

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Can I sue the Texas Attorney General for Libel. They knowingly reported false information about me to the IRS and Credit Bureau.

Specifically the Attorney General reporting me arrears in Child Support to the Credit Bureau and IRS despite proof I gave them, including a statement from my ex-wife that I current.

This false report has now cost me a home loan, and I have lost money placed in fees, inspections, and earnest payment.

Thank you for your question. Suing the State of Texas is a difficult process. Because the State has sovereign immunity, only actions that fall within the Texas Torts Claim Act are allowed when suing the State. Unfortunately, your scenario does not fall within the claims allowed by the Texas Torts Claims Act.

Sorry for the bad news. Don't shoot the messenger.

Best Regards,
Customer: replied 3 years ago.

What about the fact they violated the Fair Credit Reporting Act. This would place Texas under the commerce clause?


That's an interesting argument. While Congress may regulate the states under the commerce clause, the statue must have a specific abrogation of a state's sovereign immunity to have the effect for which you are arguing. Unfortunately, the FCRA does not contain such a direct statement and has never been held to apply to a state.

Unfortunately, your scenario happens quite frequently. It's unfortunate because it is completely unfair. The remedy you can get is to petition the attorney general to correct its statement and then reapply for the loans.

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