B
brewzer
Guest
I was denied Due Process...can I sue? (Editted and Shortened)
What is the name of your state? MO & IL
OK..SHORTENED...
I was looking at my bank statement after my g/f advises me we are in the negative. So when I start examining our account I notice a $470 and $75 charge from last week. I am like WTF? No way! So I call the bank and they look it up. They tell me the State of Missouri took out the $471 for child support garnishments and my bank charged me a $75 fee for performing the transaction. At this point you need to know that I pay child support every month, keep receipts and check stubs to prove it, and my Mom is a lawyer who takes care of all of the paperwork for me. I called the MO Child Support Finance office and they confirmed that I have paid every month on the one account and I don't owe anything. They also said something was wrong because I did have to accounts open on the same children, which is obviously their fault.
It ends up that I was being charged twice, by two different counties in Missouri, which are right next to each other. I was being charged for the grandparents and the mother of my 2 daughters. The grandparents had the children for a short time so they were getting the support. The mother had gotten the children back and so she set up child support too. Now I pay twice as much child support whem the grandparents have them, so for the last few months I have been paying too much. I never received an order to pay the other county for the mother having custody. I never received an order to not pay the for the grandparents. The only thing I ever received was a notice that I was not paying my child support and I had 30 days to request a hearing before they started other actions against me. So within 2 weeks I had sent them a reuqest for a hearing. (I do have a copy of this letter and so does my lawyer (Mom) who sent it).
I never recieved notice of a hearing or anything. So I sent them a second letter saying I asked for hearing, but didn't get one. I also said I was paying child support and they were wrong. After a third letter they finally sent me back a letter saying I had to prove I ave been making payments. Then Missouri calls Illinois, where my permanent residence is, and got them involved. So my Mom calls the Illinois lawyer and he is very angry at Missouri for messing it all up and he says he will take care of it. Well not before Missouri takes $470 out of my bank account!
Since I received a letter that said I had 30 days to request a hearing, and I replied to that letter requesting a hearing and I did so in 2 weeks I was denied due process. I sent an additional letter after not receiving a response and I never received an answer to that either. Can I sue them for denying me due process since I never got a hearing to contest them trying to garnish my wages/money?
I apologize for the initial post. I simply copied and pasted it from a different forum. My bad guys. I would like help on this though becuase currently my Mom is out of town at a seminar and I won't be able to talk to her until next week someitme.
What is the name of your state? MO & IL
OK..SHORTENED...
I was looking at my bank statement after my g/f advises me we are in the negative. So when I start examining our account I notice a $470 and $75 charge from last week. I am like WTF? No way! So I call the bank and they look it up. They tell me the State of Missouri took out the $471 for child support garnishments and my bank charged me a $75 fee for performing the transaction. At this point you need to know that I pay child support every month, keep receipts and check stubs to prove it, and my Mom is a lawyer who takes care of all of the paperwork for me. I called the MO Child Support Finance office and they confirmed that I have paid every month on the one account and I don't owe anything. They also said something was wrong because I did have to accounts open on the same children, which is obviously their fault.
It ends up that I was being charged twice, by two different counties in Missouri, which are right next to each other. I was being charged for the grandparents and the mother of my 2 daughters. The grandparents had the children for a short time so they were getting the support. The mother had gotten the children back and so she set up child support too. Now I pay twice as much child support whem the grandparents have them, so for the last few months I have been paying too much. I never received an order to pay the other county for the mother having custody. I never received an order to not pay the for the grandparents. The only thing I ever received was a notice that I was not paying my child support and I had 30 days to request a hearing before they started other actions against me. So within 2 weeks I had sent them a reuqest for a hearing. (I do have a copy of this letter and so does my lawyer (Mom) who sent it).
I never recieved notice of a hearing or anything. So I sent them a second letter saying I asked for hearing, but didn't get one. I also said I was paying child support and they were wrong. After a third letter they finally sent me back a letter saying I had to prove I ave been making payments. Then Missouri calls Illinois, where my permanent residence is, and got them involved. So my Mom calls the Illinois lawyer and he is very angry at Missouri for messing it all up and he says he will take care of it. Well not before Missouri takes $470 out of my bank account!
Since I received a letter that said I had 30 days to request a hearing, and I replied to that letter requesting a hearing and I did so in 2 weeks I was denied due process. I sent an additional letter after not receiving a response and I never received an answer to that either. Can I sue them for denying me due process since I never got a hearing to contest them trying to garnish my wages/money?
I apologize for the initial post. I simply copied and pasted it from a different forum. My bad guys. I would like help on this though becuase currently my Mom is out of town at a seminar and I won't be able to talk to her until next week someitme.
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There was no question. Might I suggest you shorten this and leave out the (Bla,Bla), with your bank, because they have no bearing on it. Also, if your mother is a lawyer, and you have a lawyer, what have you been told by them?