One More Round on Our DFAS Tort Claim Notice
As I reported here, we sent a set of emails to the Army attorney, Daniel Molnar, who is looking into our notice of impending tort claim, served as prelude a lawsuit under the Federal Tort Claims Act (FTCA) against the Defense Finance and Accounting Service (DFAS). As you may recall, this administrative process is mandated by the law and we cannot file a lawsuit unless either they deny our claim, or take no action for six months.
After receiving our response, attorney Molnar wrote us requesting more information.
In the most recent volley, it appears that attorney Molnar may be looking to deny the claim on the basis of timeliness. For anyone interested, there is a two year statutory time limit on all tort claims against the federal government. We would be surprised if attorney Molnar invokes timeliness, however. This is because the basis of the claim is that DFAS knew the debt DCMA ACO Craig M. Studley levied on Quimba was erroneous but did nothing to rescind the debt. Given that the debt still pending, it appears to me that we can give notice two years from today and it would be a valid notice. So the focus on the timeline does makes me scratch my head a bit.
However, given that this has been such a wondrous experience down the rabbit hole that is our Federal Government, I am sure the good attorney will have something interesting for us to consider!
The entire document (their letter and our response) is posted here.
People in this post:
Bob Dourandish – firstname.lastname@example.org
Craig M. Studley (ACO, retired) – No email on file.
Daniel P. Molnar, Esq. (Attorney, US Army) – No email on file.