Plaintiffs filed a motion against New York State Department of Taxation and Finance for their Statewide Offset Program. A New York Probate Lawyer says that the plaintiffs are taxpayers who are saying that in allowing the offsets, the defendants have violated their rights to notice under the due process and their right to oppose the debts where they offset the refunds. They allege that the program allows the offsetting of their income tax refund to any debt owed by the taxpayer to the New York State Office of Temporary Disability Assistance (OTDA). The plaintiffs are asking for relief and a class certification.
The Court in determining the granting of the motion of the plaintiff’s for class certification determined that issues and facts that are common to the wished-for class outweighs the concerns that are specific to the individual class members. Queens Probate Lawyers mentioned that the court found the question of the violation of OTDA to the due-process clauses of the Constitutions of the United States and New York by certifying debts to DTF without giving plaintiffs’ adequate notice or a meaningful opportunity to contest the underlying debts is common to all the members of the proposed class.
The general position of the defendant is that the plaintiffs would not be entitled to recover any damages. They would not be compensated for the government’s violation of their due-process rights if the violation is not the reason for the plaintiff’s losses. The plaintiffs were not able to show evidence of the loss that they are claiming to have incurred because of not having the opportunity t contest the main debt. The court agrees with the defendant’s position on the compensation not being granted if the loss is not a direct result of the violation. The plaintiffs though, ask for the offsets plus interest. A Nassau County Estate Lawyer stated that the opposition indicates that if the opportunity to contest the debt is granted, each plaintiff will have to prove his or her individual case.
The court usually decides on the cases against the government based on previous instances and decisions. In this case, the harm is not perceived but is claimed to have already happened. Under these conditions, a precedent in the favor of an individual plaintiff will not matter in the remaining plaintiffs’ cases. The petitioners asked for a leave in court so that they can amend their complaints. The court states that the defendants will not be prejudiced by the amendments and there will be no new allegations to be added. The defendants also have failed to show that the amendments are without merit. With the four month limitation period for the plaintiff’s case, the defendants have not revealed any dispute saying that the claims are not timely.
Sometimes you will be a casualty not only of an individual or a company that has not followed the rule of law when it comes to dealings with you. You may also experience this with government agencies. If you feel that you have suffered because a government office has not followed due process when dealing with your concerns, you need legal counsel that can protect your rights under the constitution. They will be able to grant relief or compensation where it is due. It may be individually or as a group complaining.
In your regular dealings with government offices, if you feel like they have neglected to follow the rules, contact Stephen Bilkis & Associates for guidance. Whether you are contending with a governmental agency, need estate planning advice, or are contesting a will, we will ensure that your rights are protected. Come in to any of our conveniently located offices throughout New York for a free consultation.