A Noncustodial Parent Sues a Child Support Collector in Federal Court
Wednesday / June 27, 2007
Suit filed May 24, 2007, in the United States
District Court for the Middle District of
Tennessee.
Bryan Cottingham got divorced on August 27, 1996, in
Nashville, Tennessee. The judge ordered him to pay
child support of $1,150 per month, dropping to $594
per month in February 1998. From the date of divorce
until June 2001, when his youngest child reached her
majority, Mr. Cottingham fell behind in his child
support payments. He now owes approximately $37,000
in back child support.
In January 2002, a Colorado company called Policy Studies, Inc., began collecting child support in Tennessee under contract with the Tennessee Department of Human Resources. In February 2002, one of Policy Studies' attorneys began trying to collect child support from Mr. Cottingham. Eventually, the attorney got Mr. Cottingham sentenced to jail for 170 days on a charge of criminal contempt. The Tennessee Supreme Court overturned the conviction. Mr. Cottingham then sued Policy Studies in Tennessee federal court.
The federal Complaint alleges that Policy Studies harassed Mr. Cottingham for years. In addition to claiming that some of Policy Studies personnel were practicing law without a license, Mr. Cottingham accused Policy Studies of extortion and attempted extortion, abuse of process and malicious prosecution. He sued for compensatory damages of $250,000, punitive damages of $5,000,000 and an injunction that Policy Studies neither use criminal contempt to collect child support nor practice law in Tennessee again.
Mr. Cottingham asked the court for a jury trial. This ought to be an interesting case. Stay tuned and we'll follow it.
In January 2002, a Colorado company called Policy Studies, Inc., began collecting child support in Tennessee under contract with the Tennessee Department of Human Resources. In February 2002, one of Policy Studies' attorneys began trying to collect child support from Mr. Cottingham. Eventually, the attorney got Mr. Cottingham sentenced to jail for 170 days on a charge of criminal contempt. The Tennessee Supreme Court overturned the conviction. Mr. Cottingham then sued Policy Studies in Tennessee federal court.
The federal Complaint alleges that Policy Studies harassed Mr. Cottingham for years. In addition to claiming that some of Policy Studies personnel were practicing law without a license, Mr. Cottingham accused Policy Studies of extortion and attempted extortion, abuse of process and malicious prosecution. He sued for compensatory damages of $250,000, punitive damages of $5,000,000 and an injunction that Policy Studies neither use criminal contempt to collect child support nor practice law in Tennessee again.
Mr. Cottingham asked the court for a jury trial. This ought to be an interesting case. Stay tuned and we'll follow it.
