Malicious Prosecution In Ohio

Summary

The user, residing in Ohio, is facing a malicious prosecution case related to a theft accusation. The user is being held liable for half the amount of a welfare fraud case that their mother was convicted for 25 years ago. Despite numerous attempts to dispute the claim with the agency involved, the user has been unsuccessful. The user has sought legal advice, but has been unable to secure representation due to the case being against the state. The user has been advised to file a complaint with the Ohio Department of Job and Family Services Bureau of Civil Rights.

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Malicious Prosecution
Can you provide more details about the malicious prosecution case? For instance, what charges were brought against you and in which state did this occur?
Ohio and it is a criminal/civil matter (theft)
What was the outcome of the initial theft case?

In Ohio, malicious prosecution can be claimed if the original case was terminated in your favor.
I was never tried but I am being accused
What evidence do you have to prove your innocence in the theft case? In Ohio, to claim malicious prosecution, you must prove the case was terminated in your favor.
a criminal conviction of another person 25 years ago
What is the connection between the other person's conviction and your case?
the person is my mother
What role does your mother's conviction play in your current accusation of theft?
the agency says I owe half the money but judgment was for her to pay full amount
What agency is making this claim and what is their basis for saying you owe half the money?
Scioto County Jobs and Family Services claim since I was * at the time of offense I am liable for half the amount. I was never charged nor even mentioned on original case
What documentation or communication have you received from Scioto County Jobs and Family Services regarding this claim?
I receive letters monthly, and have some email copies from where I tried to contact them and find out how they have me in the case
What was the content of the letters and emails you received from Scioto County Jobs and Family Services?
where I owe half the money with same account number my mother was convicted of
What steps have you taken so far to dispute this claim with Scioto County Jobs and Family Services?
Sent letter with attorney, but that is all they will do since it is government agency they will not look further into the case
What was the response from the agency after you sent the letter with your attorney?

In Ohio, you can file a complaint with the Ohio Department of Job and Family Services if you believe you're being wrongfully accused.
That they are in fact correct with trying to split the amount, without a judgement order
What is the exact amount that the agency is claiming you owe?
the original amount is * and they say I owe *
What is the basis of their calculation for the amount you owe?
since I was * I am liable is the only reason they are trying to claim this
What steps have you taken to dispute this claim with the Ohio Department of Job and Family Services?
they have taken my income tax several times, and tried saying I owe child support I have no children
What steps have you taken to dispute the child support claim?
I have no children
Have you contacted the Child Support Enforcement Agency (CSEA) to dispute the child support claim?
yes they stopped it but Scioto County Jobs and Family Services has not
What was the response from Scioto County Jobs and Family Services when you disputed the child support claim?
changed it to the other claim
What was the other claim that Scioto County Jobs and Family Services changed it to?
the amount my mother was convicted for
What was the nature of the crime your mother was convicted for and how is it related to your case?
Welfare Fraud, and I am her Child
What steps have you taken to dispute the welfare fraud claim with Scioto County Jobs and Family Services?
Letters and Phone Calls From Attorneys
What was the response from Scioto County Jobs and Family Services to the letters and phone calls from your attorneys?
that I am IN FACT liable for repayment
What is the basis of their claim that you are liable for repayment?
that I was * and Living at home
What is the legal basis for their claim that you are liable for repayment because you were * and living at home at the time of the offense?
that is my question, what I am trying to figure out
What is the legal basis for the agency's claim that you are liable for repayment because you were * and living at home at the time of the offense?
No answer
What steps have you taken to dispute this claim in court?
none I can't get anyone to help me with it
Have you considered filing a complaint with the Ohio Department of Job and Family Services' Bureau of Civil Rights? They handle complaints about wrongful accusations.
I received a letter from Scioto County Jobs and Family Service stating I was not entitled to any kind of hearing
What was the reason given by Scioto County Jobs and Family Service for denying you a hearing?
just on letters stating I was not no reason
What was the exact wording in the letter denying you a hearing?
At this time you are not entitled to a hearing on this case and the number associated with the * case
What steps have you taken after receiving the letter denying you a hearing?
collected all the letters that I receive monthly in both my mothers name and mine
Have you sought legal advice or representation to challenge the denial of a hearing?
am trying now
What steps have you taken to gather evidence to support your claim that you are not liable for the repayment?
If I was liable (Guilty) of welfare fraud in * I was */19 years old and I would have been a co-defendant on case. I was not and not guilty of anything
What steps have you taken to prove that you were not a co-defendant in the original welfare fraud case from *?
Can pull up all court proceedings online and view the case
What information does the online court proceedings provide about your involvement in the case?
none my name does not appear on court case
Have you contacted the court that handled your mother's case to confirm your non-involvement?
yes
What was the court's response when you contacted them about your non-involvement in your mother's case?
my mother was only person named in this case
What was the court's response when you asked for a written confirmation that you were not involved in your mother's case?
they sent letter stating I was not involved
What steps have you taken after receiving the letter from the court confirming your non-involvement in your mother's case?
none can't get help
What steps have you taken to seek legal representation for your case?
many letters and phone calls to attorneys and none will take case
What reasons have the attorneys given for not taking your case?
because it is against the state
What specific reasons did the attorneys provide for not taking your case against the state? In general, attorneys can represent clients against the state, unless there's a conflict of interest.
would have to go against the state and cost a lot of money
What steps have you taken to seek legal aid or pro bono services?
I make to much for that legal aid told me
What was the income threshold that legal aid provided you for their services?
*,* for single person
What is your current income? This information can help determine your eligibility for certain legal aid services.
*,*
Have you considered filing a complaint with the Ohio Department of Job and Family Services' Bureau of Civil Rights regarding your situation?
will try
What was the outcome when you filed a complaint with the Ohio Department of Job and Family Services' Bureau of Civil Rights?