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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110574
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can you sues S.S. Dept. ?? For stealing your money on

Customer Question

Can you sues S.S. Dept. ?? For stealing your money on overpayments I sent them a payment and they have no record of showing of one check of 2723.00? I have proof from my Bank that they cashed 2 checks. I put a stop check at the bank for that one check because they said they never received the payment so I went in person to get the job done. 8 months later they cashed the other check because they know about the 6 mouth policy at the Bank. They got paid twice when they should have gotten once. I went down there to the S.S. office 6 times complaining. I still haven't gotten my money back and all I get is the runaround. I talked to my lawyer about it and he said he has no experience dealing with the S.S. office. I live here in Pasadena Texas do you know of somebody that can help me with this matter?
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes you could sue them for not properly crediting your payments and taking your money. You first need to put them on written notice and attach your proof of payment and proof they cashed the second check improperly. In your written notice you need to tell them they have 30 days to reimburse you or you will file suit. The problem is that in order to file suit, you cannot sue them in small claims, you have to sue them in the US District Court, so it is a bit more complicated and usually needs an attorney.
You can get an SS attorney or a federal civil court litigation attorney at the same sites used by other attorneys, or
You also could choose to represent yourself, as you sound like you could actually handle such a suit on your own. Here is a pro se litigant guide for filing suit in the US District Courts (I know it is from MA, but it is the best guide available and all the rules and forms are the same in every US District Court):