I-864 BREACH OF CONTRACT
LITIGATION IN FEDERAL COURT.
Introduction
A lawsuit in Federal Court for Breach of Contract is filed by the immigrant you sponsored to come to the United States and become a permanent resident..
The complaint must allege that the I-864 Affidavit of Support - that is a Contract between the Defendant and the U.S. Government - has been breached. Specifically that the defendant has failed to support the plaintiff at 125% of the federal poverty guideline. Even though the plaintiff is not a party to the Contract s/he has standing to sue to enforce the Contract.
There may be a co-sponsor or joint sponsor who has signed an affidavit of support on behalf of the plaintiff. The co sponsor or joint sponsor is equally liable under the contract. The Plaintiff has the option to sue both the initial sponsor and the joint sponsor or sue only one of the two parties. Where the plaintiff elects to only sue one of the sponsors that sponsor can join the second sponsor into the lawsuit as a third-party defendant or sue the second sponsor for contribution if any damages are awarded.
The Initial Complaint must allege and request damages.. Damages can be a lump sum of money for past breach of contract and/or monthly support to be paid indefinitely until one of the five terminating events occurs and the contract terminates by operation of law.
Defendant files an Answer to the Complaint. The Answer must include any affirmative defenses or they will be waived. Other defenses should be included as well. Other allegations not clearly true should be denied until proven true.
Clearly, litigation can get complicated. Above is just a rough outline of the beginning. Read on for more detail and call or send an email to Kyndra L Mulder, Esquire regarding your personal situation.
Attorney Mulder works in two phases. In the first phase Attorney Mulder will review your case, determine all defenses and offset, respond to any demand letter received, and take any other necessary action. The majority of cases are resolved at this phase. Federal litigation is not only complicated,, it is expensive. The immigrant and his or her attorney will think twice about suing you when they are made aware of the fact that you will not pay them a lump sum of money and monthly support without defending yourself.
THE INITIAL COMPLAINT MUST STATE A CAUSE OF ACTION
The Initial complaint filed by the plaintiff must state the elements of the contract and that the Contract has been breached by the defendant(s).
* The plaintiff is not a party to the contract. The plaintiff is a third-party beneficiary with standing to enforce the contract.
* Plaintiff must plead an enforceable I-864 Contract and that the Contract has been breached by the defendant.
* There are five events that terminate the I-864 contract by operation of law. The plaintiff must allege that none of the 5 terminating events has
occurred and the Contract remains viable. Even if an event has occurred the plaintiff can sue for a breach that occurred prior to the termination.
* Plaintiff must plead that s/ he is entitled to monetary damages either for lump sum damages as a result of past breach of contract or
monthly support for an ongoing and current breach of contract.
* A Complaint that indicates with supporting documents that the contract has been breached does not mean the plaintiff is automatically entitled to
support from you.
*. The plaintiff must plead a request for relief.
For all claims made in the initial complaint, including the facts, the plaintiff must provide documentation that supports the allegations made. Sometimes
supporting documents are not available until after discovery. In this case the documentation can be produced later. The Complaint may be
amended to reflect the newly discovered information and documents. Similarly the Answer can be amended to include additional defenses or offset discovered.
The complaint and supporting documents must be sufficient to state a cause of action or it may be dismissed.for failure to state a cause of action. If this occurs the plaintiff may be given an opportunity to amend the complaint.
*. If it becomes clear that the plaintiff can not state a cause of action and the lawsuit is frivolous, the defendant may be awarded attorney fees and costs.
*. When an attorney who represents a plaintiff to file a lawsuit, knowing that she can not state a cause of action, the attorney may be ordered to pay the
defendant’s attorney fees and costs. Where an attorney knows or should have known that one of the 5 terminating events has occurred he or she
may be ordered to pay the defendant’s attorney fees and costs.
Defenses to a Breach of Contract Cause of Action
There are 5 events that terminate the I-864 Contract by operation of law. By operation of law means that there is no additional action that needs to be taken by the parties to the contract to terminate. Termination is automatic because the law says that it is. When you signed the contract you agreed and understood that unless one of the 5 events takes place you are liable under the contract.
Don’t panic! If you have been threatened with a lawsuit and one of the terminating events has not occurred. There are many factors that may offset any liability you may have. These factors are determined on a case-by-case basis and depend on your situation
AN IMPORTANT WORD OF CAUTION :
If you are being threatened with a lawsuit for breach of the I-864 Contract, or a lawsuit has already been filed against you, DO NOT take the advise of the Plaintiff’s attorney. He or she does not represent your best interests. Do not contact the attorney or respond to the attorney. Contact Kyndra L Mulder, Esquire.
There are attorneys who will send you threatening letters (Demand Letter). The intent of these letters is to make you believe you have no recourse but to pay. I have never had a case where the sponsor had no defenses or offset to liability. The attorney who sent you a demand letter represents the plaintiff’s interests and to some extent his or her own. If the attorney can convince you to pay him $50,000 in a lump sum he will receive a percentage of the settlement. Secondly, there is no statute that states an attorney is entitled to attorney fees from you unless or until he prevails in a lawsuit.
The Immigrant has no standing to settle a claim based on the I-864 Affidavit of Support.
Only the parties to a contract have standing to settle a dispute based on the contract. The immigrant does not have standing to settle an I-864 Contract dispute because s/he is not a party to the contract. This means that if a defendant settles, the U.S. Government can come back and sue the defendant when and if the immigrant receives means-tested benefits. Or, the immigrant can come back and threaten you or sue you when s/he runs out of the money you already paid.
Kyndra L Mulder, Esquire is the best attorney to assist you.
At Mulder Law representation is broken down into two phases. The first phase is the pre litigation phase: Kyndra L Mulder, Esquire, will thoroughly review your personal situation and the immigration history of the immigrant. She will advise you of your defenses and offsets to support. Attorney Mulder will respond to any demand letter you have received and take any other action required in your situation prior to a lawsuit being filed. With over 30 years experience she has both the knowledge and experience required to defend you.
Federal litigation is expensive and time consuming. The attorney who represents the immigrant knows this and will hesitate to go to the expense of filing a lawsuit against you if you make it clear that you will not pay your hard earned income without a fight. In the majority of cases the attorney and immigrant will back off at this phase and a federal lawsuit will not be filed.
The second phase will only take place if a lawsuit is fled against you. In the event that the attorney and immigrant do not back off at the pre litigation phase, Kyndra l Mulder, Esquire is ready to litigate on your behalf whether it be in divorce court or federal court.
I-864 Enforcement Pursuant to Divorce
The Plaintiff has the option of seeking support enforcement pursuant to a divorce. Mulder Law will represent you in State Court only if the case is filed in Florida. If the divorce is taking place in a State other than Florida, Kyndra L Mulder, Esquire will work with your divorce attorney to provide a defense to the I-864 enforcement.
Why Team with Mulder Law
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Commitment
The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing.
I will answer or promptly return your phone calls,
I will meet with you personally,
I will appear personally at your interviews and hearings.
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Experience
There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.
I have over 34 years experience and focus on immigration cases that require a waiver. I have developed a skill at identifying purpose, developing a plan, and implementing the plan.
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Passion
I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory. I will be with you all the way.
If I can not represent you with passion, I will not take you as a client.