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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32913
Experience:  Began practicing law in 1992
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Ive received a certified letter stated that I can no longer

Customer Question

ive received a certified letter stated that I can no longer enter a government building .I'm accused of threatening bodily injury or harm to a government employee.NEVER HAPPEND
JA: What state are you in? It matters because laws vary by location.
Customer: FL NOW BUT THIS LETTER IS FROM IL
JA: Has anything been filed or reported?
Customer: I don't know a lady DEE JACKSON IN IL SHE DOESNT LIKE WHITE PEOPLE I TOLD HER BOSS ON HER FOR NOT DOING HER JOB TWO WEEKS LATER I HAD TO GO IN A GET A PAPPER I NEEDED AND THE LADY IN FRONT DESK WAS NEW AT THE IL SS OFFICE SHE SENT FOR HELP THEN THE ONE I TOLD ON WEEKS BEFORE DEE JACKSON WALKED UP TO HELP HER I DIDNT SAY ANYTHING TO HER I GOT MY PAPPERS AND LEFT THE NEXT DAY I GOT THE LETTER
JA: Anything else you want the lawyer to know before I connect you?
Customer: YES I CANT EVEN SET UP AN ONLINE ACT.WHEN I PUT IN MY INFO IT TELLS ME ITS WRONG INFO AND ALL MY INFO IS CORRECT IM PUTTING IN .IF I CALL ANY SS NUM THEY HANG UP ON ME AND I NEVER RECEIVE THE PROPER DOCUMENTS I NEED I HAVENT BEEN ABLE TO DO MY TAXES BECAUSE OF THIS FOR TWO YEARS NOW
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

Is there a specific question with which I could assist?

Customer: replied 2 months ago.
what and how can I take care of this my rights have been taken away from me for something that I did not do
Expert:  Dwayne B. replied 2 months ago.

You can appeal it up the chain of command at the Social Security office but I've never seen that be particularly helpful.

Other than that your only choice is to sue them for a denial of your ability (without due process) to enter that building. What you would be seeking is an order from the court in foe form of an injunction ordering them to allow you access.

However, injunctions are extremely complicated and, while you're allowed to do your own case if you should decide you want to, it is a much better idea to hire alawyer and then sue for thier attorney's fees in the same lawsuit.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

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