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Can anyone help me sue the Dept of Revenue for gross negligence?

Tampa, FL |

I would like to sue the dept of revenue. I filed my case on January 5,2012 in the office. Since then, I have visited the office 5 separate times waiting 3 hours at a time. I have also called atleast once a week if not twice a week to get a status check.I called and they told me twice they have filed it, then a third time that they had no record of it. In March of 2012,I went up to the office and they told me they did not even file it because they were implementing a new software system. Since then, I have called atleast once a week. I have spoken to several supervisors and was advised that my case was in the handful of people where the software system was "stuck." It took 5 months to become "unstuck." Since then, I spoke to supervisor and she said she has never seen anything like it where the computer was automatically opening and closing my case. I then called back a week later and she told me the software was not generating the notices and had someone hand type a notice on July 1,2012. I called back 2 weeks later and was told the computer is generating the notices and not to worry about it. It is now August 28, 2012 and I spoke to someone today and she said the system is not generating the notices for some reason and the last notice went out July 1,2012 and I should go back into the office. They have my son's fathers address and this case was originally created through Osceola County Courthouse. Can anyone help me sue the Dept of Revenue for gross negligence?

Attorney Answers 2


  1. The Department of Revenue probably doesn't owe you a duty of care. Thus, you cannot sue for breach of a duty that doesn't exist (i.e., sue for negligence). Moreover, this is not a class action.

    Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances.


  2. As frustrating as it is--VERY frustrating--you don't appear to have a case (i.e. there is no cause of action upon which you can sue). Your state's Dept of Revenue likely does NOT have a stautory requirement not to waste your time --or in other words--to be efficient. If they don't have any such requirement you have no grounds to sue. Sorry for the news couldn't be better.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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