QUESTION
Can I sue the testing company and the state department of education if I passed the exam but my papers are nowhere to be found?
Asked on Jun 29th, 2015 on Personal Injury - New York
More details to this question:
I recently passed my teacher certification exam in April. It is now June 26 and state is saying they have not received my exam scores. They are saying that they have sent it twice. The state is saying they don't have it. No one wants to help. The state refuses to allow me to mail in or email my test scores to them. In the meantime, I have lost the teaching position I had because my certification did not come through. My student loans are incurring interest and I can't afford it. I have no income for the summer. There is way more details to this situation, but I really do need an attorney. I can't even start to look for a job because of this mess. I am a single mother who needs to support her family.
1 ANSWER
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You can't sue for the loss of income, the damages are considered "remote" and "specuative" (I know that to you they aren't but that's how it's looked at legally). You might be able to sue the testing company for "specific performance", that is, getting the scores to the state, and possibly bring an "Article 78 proceeding" to compel the state to process the application. Hopefully, it woun't come to that, perhaps a few letters and phone calls from a lawyer can straighten it out.
Answered on Jul 03rd, 2015 at 8:19 AM