The agency is ignoring your request.
The law is on your side.
Every public records law sets a deadline. When an agency blows past it, you don’t have to wait politely — you have enforceable rights, and agencies that lose in court can be ordered to pay your attorney’s fees.
Requests tracked on FOIAfile can be referred to independent FOIA litigation attorneys for a free consultation.
How long do they actually have?
Statutory response deadlines by jurisdiction. If yours has passed, the options below are open to you right now.
5 U.S.C. § 552(a)(6)(A)(i). One 10-day extension allowed in unusual circumstances, with written notice.
R.C. 149.43(B). Enforceable by mandamus — with statutory damages up to $1,000 plus attorney's fees for qualifying requests.
Gov. Code § 7922.535. The agency must determine whether it will disclose; a 14-day extension is allowed in unusual circumstances.
Public Officers Law § 89(3). The agency must acknowledge and give an approximate date for its response.
Gov't Code ch. 552. Records must be produced promptly; withholding generally requires an Attorney General ruling.
Ch. 119, Fla. Stat. Prompt acknowledgment required; enforcement actions get an immediate priority hearing, with attorney's fees under § 119.12.
Your three options, in order
Put the agency on notice, in writing, that the statutory deadline has passed. Reference your original request date and the deadline they missed. This creates the paper trail every later step depends on — and it resolves a surprising number of stalled requests on its own.
Once the deadline passes, your request is treated as constructively denied and you can appeal immediately — you don't have to wait for a formal denial letter. A well-drafted appeal cites the missed deadline and demands a determination. FOIAfile generates appeal letters for federal and state requests.
If the agency still won't respond, litigation compels production. Federal courts can order disclosure and award attorney's fees when you substantially prevail (5 U.S.C. § 552(a)(4)(E)). In Ohio, a mandamus action can also recover statutory damages of $100 per business day, up to $1,000.
Why this often costs you nothing
FOIA has a built-in penalty for stonewalling: when a requester substantially prevails in court, the judge can order the agency to pay the requester’s reasonable attorney’s fees and litigation costs (5 U.S.C. § 552(a)(4)(E)). Many state public records laws work the same way.
That changes the economics. Attorneys who handle FOIA enforcement can often take strong cases with no upfront cost to you, because the agency — not the requester — ends up covering the fees. A missed deadline with a clean paper trail is exactly that kind of case.
Have an ignored or denied request?
File and track it on FOIAfile. If the agency violates the law, you can request a free consultation with independent FOIA litigation attorneys right from your dashboard — with the violation already documented.
FOIAfile is a self-service tool, not a law firm, and this page is general information — not legal advice. A consultation with a referred attorney does not create an attorney-client relationship until you sign an engagement agreement.