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Re: None

Saturday, 01/24/2009 4:34:45 PM

Saturday, January 24, 2009 4:34:45 PM

Post# of 729749
This post states why there is no public record of the claim.

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_W/threadview?m=tm&bn=86316&tid=62308&mid=62312&tof=2&rt=2&frt=2&off=1

Matt: This is my previous post:

Just to re-state in layman's terms what Bop has said tersely and with lawyerly precision, and to put a different spin on it:

Under both state and federal law, before any actual lawsuit can be filed against a GOVERNMENT agency, the plaintiff must first file a "claim" with that agency and give it time to respond and settle the claim. (That claim is NOT a public record and is not filed with any court, so there is NO way for us to get a copy of it.) The time allowed for the agency to respond varies, and it's been 35 years since I took the bar exam, but generally the agency has 90 to 180 days to respond before any suit can be filed. Once the claim has been denied or refused (which almost always is the case), then and only then can the plaintiff file suit. (They even have to allege in their complaint under penalty of perjury that they have filed a claim and hat it has been refused.) So, if the claim was filed on Dec. 30th, the clock is ticking. Bop: Can you tell us what the federal claims period is?

Cheers to all. . .

P.S. Such a claim is basically just a formal letter to the government agency. It's not "filed" or made available to the public through any formal procedures. Maybe someone will leak it. . .

"One must be just, before one is generous."

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