Filing Late Due To Hardship

Summary

Filing a lawsuit after the statute of limitations requires a Motion for Equitable Tolling. This motion should explain delays due to disability and diligent efforts. In your case, the complaint should detail the abuse, negligence, and emotional harm suffered. Include all relevant facts, such as the abuse incident, DFCS involvement, and the impact on your life. Ensure to file the necessary documents: Application to Proceed Without Prepaying Fees, Motion for Equitable Tolling, Civil Cover Sheet, and Complaint. Consider consulting a local attorney for personalized advice.

Full Conversation

well I'm filing out the form AO * because I don't have the money to pay any fees in court and for the part that says for me to add any other info to help explain why I can't pay well I want to tell about how I lost my job because they closed down and that my mom lost her because of everything that has happened to us from this case and with her very bad learning disability it is hard for her to just go get any job and that we don't even have a place to stay right now we have been staying with friends and family right now and that my mom has sold almost everything she has had just for us to get by but I don't know how to say all that the right way could you help me say it best
Sure, I can help you with that. Here's a way you could phrase your explanation:
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"My financial situation is dire, and I am unable to pay the court fees. I lost my job because the company I worked for closed down. My mother also lost her job due to the circumstances surrounding this case. She has a severe learning disability, which makes it extremely difficult for her to find new employment. We do not have a permanent place to stay and have been living with friends and family. My mother has sold almost all of her belongings just to help us survive."
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Does this help?
yes thank you
You're welcome! If you need any further assistance or have other questions about the form or your case, feel free to ask. I'm here to help!
do you know how I can copy what you said
Case Rating: *
To copy the text I provided, you can follow these steps:
*. Highlight the text you want to copy.
*. Right-click the highlighted text.
*. Select "Copy" from the menu that appears.
*. Go to the document or form where you want to paste the text.
*. Right-click in the desired location.
*. Select "Paste" from the menu.
If you have any other questions or need further assistance, feel free to ask!
after I highlight it and then when I right click it the highlighted part goes away
Case Rating: *
It sounds like you're having issues with copying text. Here are a couple of suggestions:
- Instead of right-clicking, use keyboard shortcuts. After highlighting the text, press `Ctrl+C` to copy and `Ctrl+V` to paste.
- Ensure you're not clicking outside the highlighted area before performing the right-click.
Let me know if you need more help!
can you tell what form it is that I need to ask the courts to let me file my case late for equitable tolling and my disability and ADHD and diligent efforts
Case Rating: *
To request equitable tolling for your case due to disability, ADHD, and diligent efforts, you might need to file a Motion for Extension of Time. This motion should explain why you were unable to meet the original deadline and provide any supporting documentation related to your disability and efforts.
Could you please specify the type of case you are dealing with? This information will help determine the exact form or motion you may need.
yes I will tell you more about the case I will but this motion is for when you have already missed the statute of limitations and I will also be filing in federal court the u.s. district court for the northern district of Georgia but is that the same form I need when I have already missed the filing date
Case Rating: *
To request equitable tolling in the U.S. District Court for the Northern District of Georgia, you generally need to file a Motion for Extension of Time to file your case, explaining your reasons for missing the deadline.
Would you like to be connected to local lawyers who can better assist you with your case?
do you know the form number so I can look it up
Case Rating: *
For equitable tolling and filing a case late in federal court, there isn't a specific form number. You generally need to file a Motion for Extension of Time. However, it would be best to consult the court's local rules or a legal professional for detailed guidance.
ok so if there is not a form for the filing after the statutes are up can you draft me something after I tell you more about what happened
Case Rating: *
I'd be happy to help you draft a motion for equitable tolling. To ensure it accurately reflects your situation, could you please provide more details about the circumstances that led to your missed deadline, including your disability and the efforts you made to comply with the original filing timeframe?
ok well I will have to tell it to you in maybe * or * parts because it's long if that's ok
Case Rating: *
Sure, feel free to provide the details in parts. Let's start with the first part of your story. What were the circumstances that led to your missed deadline?
can you draft a form of some kind that I can copy and paste for me to give the court my contact info
Case Rating: *
Sure, I can help you draft a form to provide your contact information to the court. Here's a template you can use:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Address of the Court]
[City, State, Zip Code]
Re: [Case Number]
[Case Title]
Dear [Judge's Name],
I am writing to provide my contact information as requested. Below are my current details:
- Name: [Your Name]
- Address: [Your Address]
- City, State, Zip Code: [City, State, Zip Code]
- Phone Number: [Your Phone Number]
- Email Address: [Your Email Address]
Please update your records accordingly.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
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Fill in the placeholders with your actual information. If you need additional assistance, feel free to ask!
do you know what court I will be filing in or what district I will need to use for federal court in blue ridge Georgia Fannin county and the address for that court
Case Rating: *
You will be filing in the U.S. District Court for the Northern District of Georgia. The Gainesville Division covers Fannin County, which includes Blue Ridge, Georgia.

U.S. District Court for the Northern District of Georgia - Gainesville Division


Phone: (*) *-*
Address: * Spring Street SE, Room *, Gainesville, GA *
Website: www.gand.uscourts.gov

Would you like any further assistance with your case or forms?
so the courts name is the u.s. district court for the northern district of Georgia
Case Rating: *
You've got the right court name for filing your documents. If you need help drafting your motion for equitable tolling or any other aspects of your case, feel free to provide more details about your situation. I can assist with drafting the necessary documents or guiding you further.
do you know what my case title would be
Case Rating: *
The case title generally depends on the nature of your legal issue. Since you are filing for equitable tolling and it's likely related to a missed deadline in a federal court case, it typically involves the plaintiff (you) versus the defendant (the opposing party).
Could you specify the nature of your original case or the parties involved? This information will help determine the appropriate case title.
I more coming
Case Rating: *
It sounds like you have a significant and complex legal issue. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
Can you give me a bit more information about the issue?
Despite repeated pleas for help and expressing my fear of returning to my father's home, I was coerced by DFCS and school officials to maintain contact with him. My mother was subjected to a drug test, which initially returned a false positive. She swiftly provided a hair follicle test that proved her sobriety, but before these results were acknowledged, I was removed from her care. I was placed with my aunt temporarily, but the pressure to return to my father's home persisted. In desperation and fear of being forced back, I ran away. Upon being found, rather than addressing my concerns, I was taken directly to my father's house. There, my living conditions were poor, my educational needs (stemming from a learning disability and ADHD) were ignored, and I was cut off from my therapist. My medication management was hampered by the school's frequent drug testing, resulting in the cessation of my necessary prescriptions, which had an adverse effect on my health and academic performance.
Case Rating: *
It seems like you have a potentially strong case with significant issues that require legal assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
Can you give me a bit more information about the issue?
After two months and two weeks in my father's care, and with no further contact from DFCS, my mother retrieved me based on existing custody arrangements. My father attempted to contest this in court, but the judge reaffirmed the status quo and my right not to visit him anymore. The repercussions of these events were severe. My mother lost her home, personal belongings, and her job due to unfounded rumors about drug use. We both suffered significant emotional and psychological harm, which has yet to be addressed due to financial constraints.
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
Can you give me a bit more information about the issue?
Despite diligent efforts, my mother was unable to pursue legal action within the statute of limitations due to the difficulty in obtaining the police report and finding legal representation. We have since learned that I may still have the right to file a lawsuit due to being a minor at the time of the incident. We have carefully documented all events, communications, and evidence, and are now seeking to file a lawsuit pro se, asking the court for permission to proceed despite the expired statute of limitations, given our persistent efforts and my disabilities.
Case Rating: *
It seems like you have a potentially strong case given the circumstances and the complexities involved. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
Can you give me a bit more information about the issue?
if you thank you can find me a lawyer I will give you my info but first would you know after everything I just told you what the case title would be
Case Rating: *
The case title generally follows this format: "[Your Name] v. [Defendant's Name]". Based on your description, it could be something like:
"[Your Name] v. [Father's Name] and Division of Family and Children Services"
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
Can you give me a bit more information about the issue?
what is the right way or the motion when your asking the court to let you file after your statutes are up
Case Rating: *
To request equitable tolling to file your case after the statute of limitations has expired, you typically need to file a Motion for Equitable Tolling or a Motion for Extension of Time. This motion should explain the reasons for your delay, including your disability, efforts to comply with the deadline, and any other relevant factors.
Would you like to be connected to local lawyers who can better assist you with your case? If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
Can you give me a bit more information about the issue?
is there a form for that or will I need to draft it
Case Rating: *
There isn't a specific form for filing a Motion for Equitable Tolling; you will need to draft it yourself.
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
Can you give me a bit more information about the issue?
and the complaint is just called the complaint right
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following information:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
*-*-*, lacey Towe, *, tanyasuepatterson78@gmail.com but I already know there are no lawyers that will take my case
Case Rating: *
It seems like you have a potentially strong case given the significant legal issues and complexities involved. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please confirm the following details for the referral:
*. What is your phone number?
*. What is your name?
*. What is your zipcode?
*. What is your email address (optional)?
*. Can you give me a bit more information about the issue?
I understand you've already provided some details, but this will help ensure a proper referral.
yes it is right
Case Rating: *
It looks like everything is in order. You have a significant legal issue with substantial complexities, and connecting with a lawyer is definitely the right move. If you need any further assistance or have additional questions in the future, feel free to reach out. Good luck with your case!
thank you
Case Rating: *
You're welcome, Lacey! If you need any further assistance or have additional questions in the future, feel free to reach out. Good luck with your case!
was that lawyer going to contact me today because I am already out of time I really don't have a lot of time to wait on calls
Case Rating: *
Hi Lacey, given the urgency and complexity of your situation, the lawyer should reach out to you as soon as possible. In the meantime, make sure your phone is available and you check your email regularly for any contact from the lawyer. If you haven’t heard back within a day, I recommend calling local legal aid services for immediate assistance.
Good luck, and don't hesitate to reach out if you need anything else!
ok I will do that.
Case Rating: *
Hi Lacey, given the urgency and complexity of your situation, the lawyer should reach out to you as soon as possible. In the meantime, make sure your phone is available and you check your email regularly for any contact from the lawyer. If you haven’t heard back within a day, I recommend calling local legal aid services for immediate assistance.
Good luck, and don't hesitate to reach out if you need anything else!
when filing my case is the only things that I need to send to the courthouse to get my case filed is first the application to proceed in federal court without prepaying any fees or costs and then the motion for equitable tolling and then the civil cover sheet and then the complaint is that right
Case Rating: *
Yes, you are on the right track. Here are the documents you need to file:
- Application to Proceed in District Court Without Prepaying Fees or Costs (AO *)
- Motion for Equitable Tolling
- Civil Cover Sheet (JS-*)
- Complaint
Make sure each document is properly filled out and formatted according to the court’s requirements. Good luck!
can you help me draft the complaint
Case Rating: *
Absolutely, I can help you draft the complaint. Let's start by organizing the information you provided into a complaint format.
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
U.S. District Court for the Northern District of Georgia
* Spring Street SE, Room *
Gainesville, GA *
Case Title: [Your Name] v. [Father's Name] and Division of Family and Children Services
COMPLAINT
I. Introduction
*. My name is [Your Name], and I am the plaintiff in this case.
*. I am filing this complaint against my father, [Father's Name], and the Division of Family and Children Services (DFCS) for physical abuse, negligence, and emotional and psychological harm.
II. Jurisdiction and Venue
*. This court has jurisdiction over this case under federal question jurisdiction pursuant to * U.S.C. § *.
*. Venue is proper in this district as the events giving rise to the claims occurred in Fannin County, Georgia.
III. Parties
*. Plaintiff: [Your Name], a resident of Blue Ridge, Georgia.
*. Defendant *: [Father's Name], a resident of [Father’s City, State].
*. Defendant *: Division of Family and Children Services, responsible for the wellbeing of children in Georgia.
IV. Facts
*. On September *, *, at age *, I was physically abused by my father, resulting in bruises that lasted over two weeks.
*. Despite reporting the abuse to the police and DFCS, no action was taken against my father.
*. DFCS focused their investigation on my mother, leading to false drug allegations and my removal from her care.
*. I was placed in poor living conditions at my father's home, where my educational and medical needs were neglected.
*. My mother and I have since suffered significant emotional and psychological harm.
V. Claims for Relief
- Count *: Physical Abuse by Father
*. Defendant [Father's Name] physically abused me, causing physical and emotional harm.
- Count *: Negligence by DFCS
*. Defendant DFCS failed to protect me from abuse and neglected my welfare, resulting in further harm.
VI. Request for Relief
*. I request the court to grant the following relief:
- Allow equitable tolling to file this lawsuit despite the expired statute of limitations.
- Award damages for physical, emotional, and psychological harm.
- Any other relief deemed appropriate by the court.
VII. Conclusion
*. I, [Your Name], respectfully request the court to grant the relief sought in this complaint.
Signature:
_________________________
[Your Name]
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Fill in the placeholders with your actual information. If you need further assistance or have additional questions, feel free to ask!
can I tell you a little bit more about what happened so maybe you can help me a little bit better with my complaint
Case Rating: *
Of course, Lacey! Please go ahead and share more details about what happened so I can help you draft a more accurate and comprehensive complaint.
ok so it is a little bit longer then what I have already told you so I will have to send it to you in parts if that's ok
Case Rating: *
Sure, Lacey, feel free to provide the additional details in parts. I'll help you incorporate them into the complaint. Let's start with the next part of your story.
ok so it started back on sep. * * when I was * and I was going to cut class but a teacher seen us and made us go back to class but then the school called my mom and dad and my dad was very upset with me and I was on the phone for a long time that night and he told me how as soon as I was at his house he was going to beat me so the next day sep. * * was his visit day but after talking to him on the phone I was not wanting to and knowing he was going to beat me just made me very upset and scared so at school that day I called my mom and told her how scared I was and how I did not want to go to my dads house at all and she told me to go talk to the school counselor (I still have more to tell you)
Case Rating: *
Thank you for sharing more details. Let's continue with the rest of your story to ensure we include everything in your complaint. Please go ahead with the next part.
and tell her how I was feeling and my mom told me that anyone who works at the school is mandated to report child abuse and that they would help me so I did go talk to the school counselor and told her everything and when I was done the only thing she to me was "lacey I know your dad and his family and they good people and your dad would not do that to you he loves you" and told me to go back to class so that same day my dad did beat me very badly leaving bruises on me for over * weeks right after it happened I called my mom and she came and got me and called the police but because of the police officer and my dad being good friends nothing happened to my dad (I still have more)
Case Rating: *
Lacey, thank you for sharing more details. This information is crucial for drafting a comprehensive complaint. Please continue with your story, and we'll ensure all relevant details are included in your complaint.
Let's keep going with the next part of your story.
almost everyone in this town knows my dad and his family) so then the police calls the DFCS and that when everything got turned all around on my mom like she had done something wrong and the police dep. would not give my mom a copy of the report even with her asking for it many times she had to get a copy 4 months later from the DFCS and every time I talked to the DFCS they would tell me the same thing that I needed to talk to my dad or to go see him that he is so upset and so my mom told them that my therapist did not want me to see or talk to my dad because he needed help first and when they found out that my mom has been taking me to see a therapist and took me right after it happen made them mad and when my mom told them that she took me to see my Dr a week after it happened because the bruises was not going away they got really upset with my mom (still have more)
Case Rating: *
Thank you for sharing these important details, Lacey. Let's continue and include the rest of your story to ensure we have a complete picture for your complaint. Please go ahead with the next part.
and even ask her why she would do that and then they tell my mom that she needed to see their therapists and she said ok so then they told her that she was going to have to see their therapists at my dads house while him and his mother where there my mom left ever meeting crying but then they told my mom that they was not going to close the case in till I was going back to my dads to stay like I was before so then my mom called the case worker to ask her why was this she did not tell my mom why they was not going to close the case in till I was going back to my dads but then the case worker told my mom she would need to take a drug test so she did and then a week later they call my mom and tell her she did not pass her test (still have more)
Case Rating: *
Lacey, thank you for sharing these details. Let's continue with the rest of your story to ensure we include everything in your complaint. Please go ahead with the next part.
well my mom known something was messed up somewhere and she keep asking for them to retest her and to get her a better test but they told her they would retest her in * weeks but my mom known she needed something showing she was clean right then and (still have more)
Case Rating: *
Lacey, thanks for providing these details. Let's continue with the rest of your story to ensure all the facts are included in your complaint. Please go ahead with the next part.