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An unfounded allegation was reported to Social Services. Can…

An unfounded allegation was...

An unfounded allegation was reported to Social Services. Can I sue? SS will not give me names of person(s) reporting me. I live in Jacksonville, NC

Lawyer's Assistant: Have you talked to a NC lawyer about this?

Not yet as SS says an allegation is not a CHARGE and I think it is.

Lawyer's Assistant: What steps have you taken so far?

Nothing, as I just got the letter from SS saying it was an allegation nit a charge and they would not provide names.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What's the cost for this service?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

But what is the total cost as I'm on a fixed income?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Just need to know if I can sue for unfounded allegations

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Answered in 11 minutes by:
3/22/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 452
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

The best answer is most likely no.

The reason for this is that state law mandates that if a report is received, no matter where it comes from, DSS has to investigate it. If if is unfounded, they note this and have a record of it in the event there is a subsequent report, they will know that previously there has been an unfounded report.

As well, there are laws in place that prohibit DSS from disclosing who made the reports so it is not possible to get the names of the people that did the reporting.

On top of all of this, as DSS is a state agency, so long as they follow the policy, unless they are grossly negligent, they are protected in their actions.

While it is possible to sue a DSS type agency, it is almost a requirement that that knew what they were doing was wrong, did it anyway, and the victim suffered as a result of the DSS mistake.

In cases where the case was unfounded, that is the result you want DSS to make if they look at something so they stay out of your life.

That all having been said, while you likely can't sue DSS, if you are patient, it is likely that whoever made the report will make themselves known. When people who report someone to DSS find out the investigation was closed without action, many times they start to talk and it will get back to you. The reason I say this is that frequently the people who report know the people they report. If you can determine who it is and you can show some damages, then you could absolutely sue them for some action related to your loss.

The critical thing will be to determine who it was. It is generally best not to talk about it and be patient and see what you hear.

This way you can pursue legally any damages and not have deal with having DSS asa party to the suit.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 452
Experience: Attorney/Member in Private Law Firm
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Sean K
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Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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