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I filed a Civil Lawsuit against USPS but the US attorneys sent me a letter stated I had no ground and asked the Judge

San Diego, CA |

to remove the complaint. Is it possible? The USPS supervisor lied to me about she & her staff forwarding my mails without my knowledge. I think they did couple times in the past but I've no proof until now. I filed Criminal charge complaint and got ignored so I decided to file Civil. Anyway, I was late on several of my major bills as I only make payments if I receive the bills (that's why there are paper bills not ebills). I've biz and personal bills which is hard to keep track and remember which/what being paid yet as working 7 days a week. Anyway, the first letter stated I failed to file an Administrative claim and cited for no ground & asked to remove out of the complaint. My question is how I can fight this? I want to continue to sue USPS. What are the appropriate steps?

Yes, there are harms on my part (late fee, lawsuit dropped). Ps: why little people like us can't sue the Federal Employees? They have the perks by having DA/Attorneys to take care of them for free while I have to shed out my own money to hire my own attorneys to fight it. If I steal someone personal mails and hide it in my house, I would be throw in jail for it. But if fed employees did it, then it is OK? It is just so wrong.

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Filed under: Lawsuits and disputes
Attorney answers 2

Best Answer

Suing the federal government under the Federal Tort Claims Act (FTCA) is trickier than suing a private citizen.

In general, the FTCA is intended to provide monetary compensation for injury, property loss, or death caused by the negligent or wrongful act or omission of any employee of the Government. If you wish to sue under the FTCA, you must first file a claim with the federal agency responsible for the alleged misconduct.

The easiest way to prepare your administrative claim is to use the federal government's standard claim form, known as a Standard Form 95 or SF 95, which has boxes for all the information you will need to provide. You can get a copy of the form from the Department of Justice's website (at, type "standard form 95" into the search box) or request a copy from the federal agency to which you will be submitting your claim.

Once your claim is submitted, the federal agency has six months to rule on it. If the federal agency rejects your claim or refuses to pay all the money damages you demanded, you have six months from the date on which the decision is mailed to you to file a lawsuit. Again, file your lawsuit as soon as possible after receiving this decision to avoid any chance of having your lawsuit dismissed as untimely.

Frank Wei-Hong Chen

Frank Wei-Hong Chen


You must file your lawsuit in the United States District Court (the formal name for federal court) either where you live or where your claim arose. When suing the federal government for negligence, you cannot file your lawsuit in state court.


Same question, same answer. You have to follow the rules and you didn't.

You don't have time to make sure you pay your bills, and it's apparently everyone's fault but yours, and yet somehow you've got time to burden the courts with your frivolous lawsuit, and THAT's what's so wrong.

I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls --- we need an actual agreement confirmed in writing before any attorney-client relationship is formed. Thiss answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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