Thursday, February 4, 2010

Can I sue child support for false arrest to ask?

I was falsely arrested for child support at work. Child support was being taken out of my paycheck every two weeks I was arrested on the grounds that i was not paying child support at all at the time i was working.I was release by the courts on proving that i was paying and the state of Va was wrong.I was also reimbursed the money i paid to get out of jail for bond. I live in TN and the support order is from VA. Can I sue for false arrest. Child support is a civil suit not a criminal act. Therefore i should have not been arrested for civil suits under the federal law and so called ';CONSTITUTIONAL RIGHTS';. Finding a lawyer is hard for this case.Anyone with expertise or experience please let me know if i can sue.Can I sue child support for false arrest to ask?
The reason finding a lawyer for this case is so difficult is because your case is almost sure to fail. When it comes to filing a lawsuit against the government for false arrest, you have to go beyond proving negligence. Instead, you need to prove what is called gross negligence and willful misconduct. Unless you can demonstrate that they KNEW you were innocent, but locked you up anyway out of malice, or that they were grossly incompetent beyond a simple clerical error or computer mistake, then you won't win. Even if you could somehow accomplish proving your case, you would likely only recover ACTUAL damages. What were your monetary damages as a result of their actions? A few hundred in lost wages, perhaps?


Unfortunately, honest mistakes or errors made by the police or the courts do not mean you are entitled to a lawsuit payday.Can I sue child support for false arrest to ask?
My husband had to deal with a lot of unfairness paying child support for his daughter from a previous relationship. Unfortunately there isn't much you can do about it. The way most of the laws are written the only right a father has is to pay child support. The courts tend to side with the mother unless you can prove that she is unfit, which is very hard to do. My husband also had child support taken directly form his check, but for some reason he regularly received letters warning him that he was in arrears and would have to go to court even though he really wasn't. Most honest laywers won't even touch these cases because they know that it is a losing battle.
Your wrong about not being able to be imprisoned for child support. From my understanding under bill clinton a new law passed whereby you could be imprisoned for not paying child support, to cut down o the number of so called ';dead-beaat dads';. If you want to sue, you need a REALLY REALLY REALLY good lawyer, not just any lawyer, try and get like a top attorney like a johhny cockran of tennesee ok.


You need the kind of lawyer who will make the state look like sheet, and thats not easy. Many lawyers will turn down this case not because yu don't have 1 but because they don't know how to argue it.





You must sue the following


-police


-officers


-the city(or cities) who were culpable in your arrest


-anyone else who had even a bit of responsibilty inculding them and their employers.


-state of virginia


If you fail to sue even 1 of these peopl you case will get thrown out, not b/c u don't have a case but b/c u can't pick and choose in law. Its like if 5 guys break into your house, you either sue all 5 or none. Even i 1 was only a look out and never went in the house and the other justorganized it and was never at the scene.


You cannot sue for false arrest, you will have to sue ont the following basis:


The state of virginia lied on you, they said you were a criminal who failed topay child support, this caused you an innocent man to be arrested, the court found that the state had lied, the state knew that you were paying your child support. How? Because the money was coming out of your check therefore the state new that as long as you had a job that you were paying. If they didn't know this then they should have, ignorance is not an excuse or defense. The state knew that you were paying child support and acted malicously to ruin you, by aresting you at work.





Long story short if some government lies on someonelse and that causes them tot get arrested that gov. is legally liable
It takes a long time for child support to get someone arrested. Did you fail to respond to communications from child support? The process is long and a mix up could have been cleared up over the phone. It's wrong that you were arrested and you are paying but I'm sure someone got correspondents from child support and did not respond.

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