Notice of Intent to Sue must be filed within 180 days after Wrong-Doing
"I met with Jorge Franco, attorney in AZ (he just won the 7 million award trial by jury for the sister and father of Liana Sandavol
against the state and CPS) He asked me to do whatever I can do to get this information out to everyone as soon as possible.
He states that he has spoken to many parents who have valid claims against CPS and the state, but these claims WILL NOT BE successful in court because of one thing, and he wants me to tell everyone about this now so that their claims are not dead before they even get prepared for filing in the future.
He said that the current law (which he believes is unconstitutional but since that law exists it stands for now until it is challenged) requires that any suit or claim made against the state MUST have proper notice...
THAT notice must be filed within 180 days of the date that the actual claim occurred on. NOT the date the child was returned, not the date the one gets their cps file, but THE DATE THE WRONGDOING TOOK PLACE.
For example, in my case, he asked a simple question... When did I know that the removal of my baby was wrong?
I told him, the day they took him.
He said, that is the day the 180 began to toll. A claim has to be filed 180 from that very day, no later in order to preserve the right to sue later on...there are time limits for filing the lawsuit, which must also be met, BUT first the notice of intent to sue must be filed and done timely before the lawsuit will ever be successful in court.
THAT is what parents are not being informed of, which in my mind raises the issues of at the very least, having a malpractice suit against any lawyer representing a parent who claims they are falsely accused and who they do not inform that parents of their right to sue later on and the requirement that they file the notice of intent to sue within 180 days of the wrongful act taking place.
Please post far and wide, let everyone know that they must file an intent to sue within 180 of the wrongful act taking place. If they don't their right to sue later on will be gone...and their case will never be successful based upon that one issue alone. There is no defense to not filing, including having no knowledge of such requirement...obviously a design by the state and others to ensure they are not sued by parents who they act against wrongfully...
The public must be informed of this....they have to file a notice of intent to sue, within 180 days of the wrongful act taking place..
The notice of intent to sue is outlined in each states statutes, as what is required in the notice. Basically the notice must state the cause of action, who acted wrongfully, against whom the act was done, who is involved, what they did that was wrong, what legal grounds the intent to sue is based upon, and a DOLLAR amount that is being demanded to recover for the wrongful act...
Anyone who has the intent to file such notice should contact an attorney asap to ask about this requirement so that their notice of intent to sue contains the required statutorily and other specifics in the notice to ensure their right to sue is protected later on...
This is vital to their case, if this is not done, and done timely and properly, their case will fail...this has to be done, HAS TO BE DONE in every case or their lawsuit will fail when it is filed.
Robin in Arizona