I know some of you are tired of my child support issues (
) but I just got fed up and shot out this letter and mail it out today next day mail......
) but I just got fed up and shot out this letter and mail it out today next day mail......Il Dept. of Healthcare and Family Services
Division of Child Support Enforcement
CMRRR: 70070710000366521425
Re: Account 45C010002RS00002
NOTICE OF INTENT TO FILE LAWSUIT
To Whom It May Concern:
This letter shall serve as formal notice of my intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law.
On 10-04-2007, you received a demand for validation letter from me. This was sent certified mail (70070710000366510894) that was signed by a B. ANDERSON on that date. As of today, over one month later, you have failed to provide me with the proof I have lawfully requested.
I sent a 2nd letter, and 3rd along with proof on my Indiana child support order and the rules of the UIFSA via certified mail (70070710000366510856, 70070710000366517930) both signed by B.ANDERSON on 10-23-2007 and 10-31-2007. All of these your office has chosen to ignore. Also this information was forwarded to Mr. Bill Anderson, Inspector General of the Illinois Dept. of Children and Family Services on November 5th, 2007.
The FDCPA states you must cease collection activity until you have produced validation of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists for the State of Illinois or you would have provided it in the previous month and a half since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtor’s credit report showing the item as in dispute. Again, this was not done.
I’m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you.
FCRA
1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) – Duty to provide notice of dispute.
2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information.
FDCPA
1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication
2. § 809. Validation of debts [15 USC 1692g]
As per the FDCPA:
§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount
equal to the sum of --
(1) Any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000
I am also sure that your office is aware of the UIFSA statues. If not, let me also point them out to you.
UIFSA
Continuing, exclusive jurisdiction.
- To achieve a one-order world, UIFSA introduces the concept of continuing, exclusive jurisdiction (CEJ). A tribunal has continuing, exclusive jurisdiction if it has issued an order and is the residence of the individual oblige, obligor, or child.
In essence, The State of Illinois does not have the right and authority to attempt collections in any way from me because:
1. The order for support was filed and accepted in the State of Indiana.
2. I am a resident of Indiana and have been for the last 33 years.
3. Illinois is just the disbursement state and nothing more.
4. Illinois does not have a child support order in place or active for me pertaining to the child in question.
Section 207. Recognition of controlling child support order.
(a)If a proceeding is brought under this [ACT] and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.
Subsection (a) declares that if only one child support order exists, it is to be denominated the controlling order, irrespective of when and where it was issued and whether any of the individual parties or the child continues to reside in the issuing State.
What your company is implying is that an order of child support was issued by the State of Illinois and you are having Indiana enforce it. No such order was ever in place. UIFSA was put into place for tribunal that have issued a child support order to enforce it upon non-residents. Again, the State of Illinois has NEVER issued a support order for me. Your company is turning the laws of UIFSA and misusing them to fit your purpose of unlawful collections against me.
If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) within 72 hours after receipt of this letter and you forward a letter to me via US mail stating they have been removed and will not reappear on my credit reports again by you. I will accept nothing less.
Account # 45C010002RS00002
Please be aware if these accounts are not deleted by November 26, 2007, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Illinois State Attorney General, The Indiana State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously.
I am enclosing again a copy of my INDIANA child support order, the notice your office sent me dated 09-28-2007, a copy of each letter Ms. A. Tripodis, of the UIFSA Dept for Lake County, IN Office of the Prosecuting Attorney, email/sent to your office dated 09-25-2007, 10-29-2007, and 11-14-2007, and copies of each CMRRR green card sent to your office.
[Name]
cc: Barry S. Maram (Director of IL. Dept of Health & Family Services)
Sharron Matthews (Assistant Director)
Federal Trade Commission
Indiana Attorney General
Illinois Attorney General
Message Edited by masdeocho on 11-19-2007 04:07 PM
