8/14/2019 intent to sue time tolling

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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 byjury for the sister and father of Liana Sandavol against the state and CPS) He askedme 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 CPSand the state, but these claims WILL NOT BE successful in court because of onething, and he wants me to tell everyone about this now so that their claims are notdead before they even get prepared for filing in the future.

He said that the current law (which he believes is unconstitutional but since thatlaw exists it stands for now until it is challenged) requires that any suit or claimmade against the state MUST have proper notice...

THAT notice must be filed within 180 days of the date that the actual claimoccurred on. NOT the date the child was returned, not the date the one gets their cpsfile, but THE DATE THE WRONGDOING TOOK PLACE.

For example, in my case, he asked a simple question... When did I know that theremoval 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 fromthat very day, no later in order to preserve the right to sue later on...there aretime limits for filing the lawsuit, which must also be met, BUT first the noticeof intent to sue must be filed and done timely before the lawsuit will ever besuccessful in court.

THAT is what parents are not being informed of, which in my mind raises theissues 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 notinform that parents of their right to sue later on and the requirement that theyfile 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 suewithin 180 of the wrongful act taking place. If they don't their right to sue later onwill be gone...and their case will never be successful based upon that one issuealone. There is no defense to not filing, including having no knowledge of suchrequirement...obviously a design by the state and others to ensure they are not suedby parents who they act against wrongfully...

8/14/2019 intent to sue time tolling

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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 inthe 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 waswrong, what legal grounds the intent to sue is based upon, and a DOLLAR amountthat is being demanded to recover for the wrongful act...

Anyone who has the intent to file such notice should contact an attorney asap to askabout this requirement so that their notice of intent to sue contains the requiredstatutorily and other specifics in the notice to ensure their right to sue is protectedlater on...

This is vital to their case, if this is not done, and done timely and properly, theircase will fail...this has to be done, HAS TO BE DONE in every case or theirlawsuit will fail when it is filed.

Robin in Arizona