KARL R. MOORE, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $12,000 for alleged wrongful collection of child support by the Illinois Department of Public Aid. The court dismissed the claim because claimant failed to exhaust other remedies, such as seeking recovery from the recipient of the funds, as required by 74 Ill. Adm. Code 790.60.
Statutes cited: 705 ILCS 505/25
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Exhaustion of Remedies - Claimant’s action against the State for the wrongful collection of child support monies was dismissed where Claimant failed to exhaust his remedies against the mother of the child who recovered the child support monies paid by Claimant.
- Exhaustion of Remedies - The Court of Claims Act mandates the exhaustion of all other remedies prior to filing a case with the Court of Claims.
- Exhaustion of Remedies - Section 25 of the Court of Claims Act requires that claimant shall, before seeking final determination of his claim before the Court of Claims, exhaust all other remedies, whether administrative, legal or equitable, against all other sources of recovery for the injury or damages sought to be recovered by the claim, provided that no frivolous or unreasonable action is required to be brought against any third party in order to comply with this exhaustion of remedies requirement.
ORDER
LIPINSKI, J. This cause coming to be heard on Respondent’s Motion to Dismiss, due notice being given, the Court having jurisdiction and being fully advised in the premises, the Court finds as follows: On October 12, 2004 Claimant filed a Verified Complaint seeking damages resulting from the alleged wrongful collection of child support monies from claimant by the Illinois Department of Public Aid. The collection of support money herein arises from 1992 Circuit Court Order directing claimant to pay support to Julia Dawson and her minor child. Claimant alleges that genetic testing in April of 2003 revealed he was not the father of Ms Dawson’s minor child and he now seeks $12,000.00 from Respondent. This sum appears to represent support payments, and attorney’s fees.
Respondent moves to dismiss the Complaint on multiple grounds.
These are as follows: Claimant’s failure to exhaust remedies; expiration of the [*225] Statute of Limitations; the invalidity of a Circuit Court order in the underlying Circuit Court action; and the lack of statutory support for an award of attorneys’ fees.
There is only one dispositive issue that needs to be addressed. The Rules of the Court of Claims mandate an exhaustion of all other remedies prior to filing a case with the Court of Claims. 74 Ill. Adm. Code 790.60 states as follows:
As required by Section 25 of the Court of Claims Act [705 ILCS 505/25], the claimant shall, before seeking final determination of his claim before the Court of Claims, exhaust all other remedies, whether administrative, legal or equitable, against all other sources of recovery for the injury or damages sought to be recovered by the claim, provided that no frivolous or unreasonable action is required to be brought against any third party in order to comply with this exhaustion of remedies requirement.
Clearly, the Claimant in this case has failed to exhaust all other remedies by failing to seek recovery from at least Julia Dawson, the person who received the funds in question. There may also be other individuals or agencies against which the Claimant may have a cause of action.
According to 74 Ill. Adm. Code 790.60, failure to comply with this rule constitutes grounds for dismissal.
This being the case, alternative theories for dismissal cited in Respondent’s motion need not be addressed.
WHEREFORE, IT IS HEREBY ORDERED that this case be dismissed.