Legal Question in Civil Litigation in California

I went to DMV to renew my license on 8/12/10 and was told that my license had been suspended June 2009. I was told that San Mateo County child support suspended my license for non payment. My child support case was closed in October 2008 when my son turned 18. In December 2008 I received a warning letter from DMV. I immediately called child support and informed them of the letter. I was told that my case was closed and not to worry about it. I also received a letter from San Mateo child support noting that my case was closed. I called child support on 8/12/10 and told them that my license had been suspended for child support. The agent told me that my case was closed. I said that I know that but my license is suspended. I was told to fax proof from DMV to the child support office in San Mateo. I did that and had to wait 3 business days for them to get the fax and review the information. I explained to them on the phone and on a fax cover letter that I have a commercial driver's license and that I drive and deliver a route for work. I called daily and was finally contacted by child support on 8/17/10 and told that a state license release would be processed that day. Also i was told that a letter of the release would be sent to me through the mail. I went to the DMV on 8/19/10 and was told that the release was not yet processed. I have called DMV daily and learned that the release has not been processed and that there is no predictable time of release. I have been told 2-5 business days,7-8 business days, 2-3 weeks. During this time I have not been able to do my duties at work and some days I am sent home early in which case I use vacation pay to cover my hours. I also am not getting the overtime pay I usually get as I cannot drive to do the work. Additionally I am not able to drive to and from work or take kids to school, etc. This has been very stressful for me. I have had to get rides and take a cab home from work. Today is 8/26/10 and DMV still has not processed the release. I do have a letter of release from child support but DMV will not accept this letter. The DMV agent tells me he cannot do anything with my license while the suspension is on his computer screen. I cannot get a temporary license or anything.Can I sue San Mateo County Department of Child Support for this issue? My life has been held hostage and I am angry as hell. I did nothing wrong. I have always paid my child support.


Asked on 8/26/10, 11:02 am

2 Answers from Attorneys
Aimee Morris

Go to County Counsel's office for the County of San Mateo and ask for a claim form. How long has it been since you learned about your suspended license. In San Diego, there is a 6 month claims statute, and there is a procedure to file late claims against a County. If the County of San Mateo fails to pay your claim within 45 days or otherwise rule on your claim, then you can file a lawsuit. www.aimeemorris.com

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Answered on 8/31/10, 12:31 pm

Ms. Morris is correct. There is a six months claim window (state wide, by the way, not just SD). File a claim with the County Counsel's office (actually I think you need to file it with clerk of the county board of supervisors, but the County Counsel should actually help you with this if they are like most counties. Even though you are demanding money from the county they like it to be orderly and straight forward. So they help).

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Answered on 8/31/10, 4:38 pm


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