1. What is a class action?

Class actions are lawsuits filed in civil courts on behalf of large groups of persons who have suffered an injury. A class action seeks to remedy injury suffered by a group, or “class,” of persons who were harmed in a similar way. This class action is a child support class action, filed on behalf of all children whose child support is collected by the State of West Virginia through the Bureau For Child Support Enforcement who have lost their child support back pay (arrears) because the Child Advocate office allowed the judgments to become unenforceable because of the application of statue of limitations.

2. Will it cost me anything to participate in a class action lawsuit?

No. Class actions are large, complex lawsuits.  The attorney will pay litigation costs and expenses, which are recouped at the end of the case if the class action is successful and a recovery is achieved and divided between the members of the class.  If there is no recovery, the attorney will not seek reimbursement from the members of the class.

3.  Am I permitted to participate in a class action on behalf of my child?

Yes. If your child is a “class member,” you may participate in the class action on behalf of your child. Your child is a class member if you have lost child support arrears (back pay) as a result of the failure of the BCSE to renew the child support judgment every ten years.  Said in a different way, if the statue of limitations was applied to your child support case and the BCSE was involved, then you will be apart of the class. 

4. Why do people file or participate in class action lawsuits?

Class action lawsuits provide several advantages. If many persons have been harmed, the class action allows multiple claims to proceed in court together at the same time, saving time and money and ensuring efficient use of the courts. Sometimes people (in this case children) are harmed, but the amount of their individual injury does not justify bringing an individual lawsuit. The class action permits many people with small individual injuries to join forces and combine their damages. The case then proceeds as a class action, allowing them to present a single, unified, economically viable claim on behalf of a class of persons.

5. How does a class action lawsuit work?

A class representative, or lead plaintiff, files a class action lawsuit. During the course of the litigation counsel for the class, and the class representative, will ask the court to “certify” the litigation as a class action. To certify the case as a class action, the plaintiffs must show, and the court will determine, the following:

• numerous: whether enough affected persons, or class members, make the class action a more efficient method to handle many claims simultaneously in a single class action
• commonality: whether each class member has “common issues” of fact and law for each claim
• adequacy: the class representative must have claims that are “typical” of all class members’ claims
• adequate counsel: the attorneys representing the class must have sufficient skill and experience to adequately represent the class’ interests

After a class has been certified, generally the court will order the parties to notify class members about the class action lawsuit. Notification may be done by letter, newspaper and periodical advertisements, news releases, or information made available on the internet, including downloadable claim forms. Class members automatically are a part of the class action, unless they “opt out” of the class and pursue their own, individual litigation against the defendants. Generally, only the lead plaintiff or class representative directly participates in the class action litigation.

6. What award or recovery will I receive in a class action lawsuit?

If a recovery is obtained in the class action lawsuit, the court will enter an order dividing the recovery, which may include money and services or a combination, to satisfy injured class members. Attorneys for the class are awarded their costs and fees incurred while litigating the class action, which generally is a percentage of the recovery. If the class action is unsuccessful, the attorneys who advanced litigation costs recover nothing.

7. Can I be bound by a settlement or judgment of a class action?

Yes. If the court decides the underlying legal proceedings were fair, all absent class members are generally bound by the judgment or settlement of a case. But if the lawsuit is primarily to recover money, absent class members are entitled to notice and an opportunity to "opt out" (exclude themselves) from the proceedings. If a person opts out, he or she is not bound by any judgment or settlement of the class action. If a person opts out, he or she may be free to bring a claim for damages individually. When a class action is for declaratory or injunctive relief, notice isn't required to bind absent class members and the court may not allow a person to opt out.

8.   How do I know if my child has a claim in this class action lawsuit?

If your “child” is under the age of 20, then you must have lost or have had the child support arrears (back pay) reduced in a court in which the Bureau for Child Support Enforcement Office was collecting at any time in the past.                                        
If your “child” is over the age of 20, then the loss or reduction of child support arrears (back pay) must have occurred within the last two years.  There are limited exceptions to this rule, so if the child support was lost over two years ago and the BCSE continued to collect for the “child” or another child in the residence, there may still be an opportunity to file a claim subject to a case-by-case review.     In this set of circumstances, the “child”, being over 18, could file the claim directly without the parent’s involvement or the parent could file.     

9.  Who pays the lawyers in a class action lawsuit?

In a class action for money damages, lawyers who represent the class are generally paid out of the money that's recovered - called a "common fund" - for the people they are representing. Attorney's fee awards are subject to court review and approval. Ordinarily, if an award is made in a common fund case, it will be awarded as a percentage of the total money available for the class. 
10. What if I live out of State but the child support is collected in West Virginia, do I have a claim in this class action? 

Yes.  The suit is not limited to children or parents or guardians of children living in West Virginia but covers child support losses collected in West Virginia regardless of where the children or guardians of children live.   

11. How can I assist in getting information to the lawyer about my child’s case?

Simply complete the questionnaire online and submit it to the lawyer handling the case.  That information will be placed in a data base for use in the lawsuit.  If you do not have access to a computer, simply call toll free to 1-888-344-WEBB (9322) and someone will take your information over the phone.  Once your information is received you will be sent authorizations to complete and mail back so the attorney can access your information with the BCSE and the Courts.               

12. What if I have questions about the suit and whether my child qualifies?

Simply call the toll free number and the lawyer will be happy to discuss your case.

13.  What if my “child” is way over 20 years old, do I have a claim?

Yes, if the loss or reduction of child support back pay (arrears) was with in the last two years of the filing of the suit.