Professional Documents
Culture Documents
Validation of Title IV-A - Iv-D Debt
Validation of Title IV-A - Iv-D Debt
1
IWO’S DO NOT ORIGINATE IN THE COURT BUT IS ESTABLISHED
BY THIS CHILD SUPPORT AGENCY AND SENT TO THE EMPLOYER
UNDER THE GUISE OF BEING A COURT ORDER.
A DEBT COLLECTION AGENCY MUST VALIDATE THE DEBT
WHEN COMMANDED BY THE ALLEGED DEBTOR OR
IMMEDIATELY CEASE AND DESIST COLLECTION PRACTICES.
WHEREAS I, [YOUR NAME] UNDERSTANDS IT, CHILD SUPPORT
COLLECTION OF TITLE IV-D REQUIRES A COURT ORDER OR
WRIT OF EXECUTION AND IT IS REQUIRED THAT THIS COURT
ORDER OR WRIT OF EXECUTION IS PRODUCED OR COLLECTION
OF DEBT FOR CHILD SUPPORT MUST CEASE!
PLEASE REFRAIN FROM CLAIMS THAT CHILD SUPPORT DEBTS
ARE NOT DEBTS UNDER THE FEDERAL DEBT COLLECTION
PRACTICES ACT OR ARE NOT CONSUMER DEBTS. WHEREAS I
UNDERSTAND IT, THE CHILD SUPPORT COLLECTION AGENCY IS
A CUSTOMER SERVICE BASED BUSINESS AND DEBTORS AND
CREDITORS ARE REQUIRED TO CALL CUSTOMER SERVICE
REPRESENTATIVES ON THE PHONE, WHICH IS 100% PROOF THAT
CHILD SUPPORT DEBT MUST BE VALIDATED.
PLEASE BE GUIDED BY THE LAW OF THE LAND ALSO REFERRED
TO AS THE UNITED STATES CONSTITUTION AND COMMON
ENGLISH WORDS FOUND IN THE DICTIONARY PROVING A DEBT
IS A DEBT AND THE PEOPLE OF THE INITED STATES OF
AMERICA ARE GUARANTEED DUE PROCESS OF LAW BEFORE
BEING DEPRIVED OF LIFE, LIBERTY OR PROPERTY AND ALL
RIGHTS GUARANTEED ARE PROTECTED UNDER THE 9TH
AMENDMENT AND CANNOT UNDER ANY CIRCUMSTANCES BE
2
DENIED BY THIS CHILD SUPPORT COLLECTION AGENCY.
[Definition of debt- a state of being under obligation to pay or repay
someone or something in return for something received : a state of owing
<deeply in debt to creditors>https://www.merriam-
webster.com/dictionary/debt]
DEBTS CAN BE COMMERCIAL OR PRIVATE DEBTS, BUT ALL
ARISE FROM AN AGREEMENT FOR A LOAN OR SERVICES OR
CONTRACT CAUSING ONE PARTY TO BE OBLIGATED TO
ANOTHER. THE PRESUMPTIVE TERM OBLIGOR ARISES FROM
AN OBLIGATION WHEREBY [YOUR NAME] HAS BEEN TERMED
AN OBLIGOR MANY TIMES AND HE/SHE REQUIRING PROOF
OF AN OBLIGATION CONTRACT.
THE CLAIMANT [YOUR NAME] IS DEMANDING EVIDENCE OF
HIS CONSENT
THIS ENTITY MUST PROVIDE EVIDENCE VALIDATING THE
TITLE IV-D DEBT THIS CHILD SUPPORT COLLECTION
AGENCY IS PRESENTLY ENFORCING OR IT IS COMMITTING A
FRAUD AND CONCEALING ITS ILLEGAL FRAUDULENT
COLLECTION PRACTICES TO DEPRIVE PROPERTY AND CIVIL
RIGHTS FROM AN AMERICAN CITIZEN TO RECEIVE FEDERAL
FUNDS UNDER 42 USC SECTION 658A TITLE IV-D TO RECOUP
THE STATES WELFARE EXPENDITURES, WHICH IS A CRIME
UNDER 18 USC SECTION 242 AND MANY MORE!
In Wehunt v Ledbetter, mothers of children with absent fathers
Brought suit under § 1983 against the Georgia Department of
Health and Human Services for its failure to establish the paternity
Of their children and secure child support on their behalf.
3
The Eleventh Circuit held that Title IV-D does not create enforceable
Rights on behalf of needy families with children because they are
Not the intended beneficiaries of the statute." The court reasoned
That the primary purpose of Title IV-D was to recoup the states
Welfare expenditures on behalf of needy families by collecting child
Support from absent parents. While the AFDC program itself was
Intended to benefit needy families with children, Title IV-D was
Intended to benefit the public treasury and taxpayers by reducing
The present and future welfare rolls. "
CHILD SUPPORT DEBTS ARE COMMERCIAL DEBTS
REQUIRING VALIDATION
United States v. Bongiorno, 106 F.3d 1027, 1032 (1st Cir. 1997), it was
held that "state-court-imposed child support orders are 'functionally
equivalent to interstate contracts'", rejecting the idea that child support
payment obligations are somehow a "different" kind of debt. Lewko at
68-69.
See also: U.S. v. Sage, 92 F.3d 101, 107 (2nd Cir. 1996)(child support is a
commercial debt), and U.S. v. Parker, 108 F.3d 28, 30-31 (3rd Cir.
1997)(child support a common, commercial debt)(The activity regulated
by the Act [Child Support Recovery Act] falls within the broad
definition of commerce adopted in Bishop. Failure to make required
payments gives rise to a "debt" which implicates economic activity).),
U.S. v. Faasse, 265 F.3d 475 (6th Cir. Michigan 2001)(child support is a
debt under the Commerce Clause).
4
WHEREAS I UNDERSTAND IT ALL CONSUMER DEBTS
ARE COMMERCIAL DEBTS ESPECIALLY WHEN ONE
PARENT IS OBLIGATED TO MAKE PAYMENT TO
ANOTHER STATE MAKING IT A INTERSTATE
COMMERCIAL DEBT WHICH FALLS UNDER FAIR DEBT
COLLECTION PRACTICES ACT AND SECTION 803 HAS NO
MENTION OF CHILD SUPPORT DEBT BEING EXCLUDED
FROM VALIDATION.
5
ALLEGED DEBTOR
4. VALIDATION OF EVIDENCE THE STATE UNDER 42 USC
SECTION 654(B) IS PROVIDING FOR THE CHILD OR
CHILDREN FOR WHOM SUPPORT IS BEING COLLECTED
IS RECEIVING STATE BENEFITS (B) enforce any support
obligation established with respect to—(i) a child with respect to
whom the State provides services under the plan; or (ii) the custodial
parent of such a child;
5. PROOF OF A VALID COURT ORDER BY PROVIDING THE
NAME OF THE ISSUING JUDICIAL OFFICER AS
REQUIRED IN THE BOX ON INCOME WITHHOLDING
ORDER, NAME OF CLERK WHO SIGNED AND ENTERED
COURT ORDERED MONEY JUDGMENT FOR SUPPORT AS
REQUIRED BY 28 USC SECTION 1691 AND PROOF OF A
MONEY JUDGMENT FOR ARREARS WITH CLERKS
OFFICE AS REQUIRED BY LAW [A DEPUTY CLERK IS NOT
A JUDICIAL SIGNATURE AND ANY DOCUMENT SIGNED BY
DEPUTY CLERK IS VOID FOR NOT COMPLYING WITH LAW
UNDER UNITED STATES CODE UNDER 28 USC SECTION
1691 PURSUANT -Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 hn. 1
9th Cir. 1968], WHEREAS I UNDERSTAND IT, PURSUANT
THE GLOSSARY OF COMMON CHILD SUPPORT TERMS A
SUPPORT ORDER WAS CREATED BY ADMINISTRATIVE
PROCEDURES AND NOT BY A COURT OF COMPETENT
JURISDICTION, WHICH IS A BLATANT VIOLATION OF
SEPARATION OF POWERS DOCTRINE, A BLATANT
VIOLATION OF DUE PROCESS OF LAW CLAUSE UNDER
6
14TH AMENDMENT AND IS A CONSPIRACY AGAINST
RIGHTS A TRESPASS UPON RIGHTS UNDER 18 USC
SECTION 241. Administrative Procedure A method by which
support orders are made and enforced by an executive agency rather
than by courts and judges.
https://www.acf.hhs.gov/sites/default/files/programs/css/child_suppo
rt_glossary.pdf
6. VALIDATION OF TITLE IV-A/IV-D LOAN/DEBT IS
LAWFULLY REQUIRED TO BE VALIDATED WHEREBY
THIS ENTITY MUST PROVIDE EVIDENCE UNDER 45 CFR §
302.50 [Assignment of rights to support] AND UNDER 42 USC
SECTION 406 [42 U.S. Code § 406 - Representation of claimants
before Commissioner] THE CREDITOR ASSIGNED RIGHTS
TO STATE REQUIRING DEBT COLLECTION FOR
REPAYMENT OF SERVICES UNDER STATE WELFARE
PROGRAM.
7. FURTHER, THIS ENTITY CANNOT RELY UPON A CLAIM
THAT A COURT ORDER IS ORDERING ONE OF THE
PEOPLE [YOUR NAME] TO MAKE PAYMENT OF CHILD
SUPPORT UNLESS THIS COURT ORDER IS A COMPLETED
SEAL OF TESTE PROCESS IN ACCORDANCE WITH 28 USC
SECTION 1691 WHICH READS “All writs and process issuing
from a court of the United States shall be under the seal of the court
and signed by the clerk thereof.” FURTHER THE COURTS
HAVE HELD THAT ANY WRIT COMING FROM A COURT
MUST HAVE A JUDICIAL SIGNATURE OR IT IS VOID FOR
7
LACK OF JUDICIAL SIGNATURE.1 WHEREAS I
UNDERSTAND IT, PURSUANT THE GLOSSARY OF
COMMON CHILD SUPPORT TERMS A SUPPORT ORDER
WAS CREATED BY ADMINISTRATIVE PROCEDURES AND
NOT BY A COURT OF COMPETENT JURISDICTION,
WHICH IS A BLATANT VIOLATION OF SEPARATION OF
POWERS DOCTRINE, WHICH IS A BLATANT VIOLATION
OF DUE PROCESS OF LAW CLAUSE UNDER 14TH
AMENDMENT AND IS A CONSPIRACY AGAINST RIGHTS A
TRESPASS UPON RIGHTS UNDER 18 USC SECTION 241.
Administrative Procedure A method by which support orders are
made and enforced by an executive agency rather than by courts
and judges.
https://www.acf.hhs.gov/sites/default/files/programs/css/child_suppo
rt_glossary.pdf
8. ALL LAWS PROTECTING EMPLOYEE(S) FROM LAWSUITS
ARE UNDER PRESUMPTION THE EMPLOYEE(S) ARE
COMPLYING WITH THE UNITED STATES CONSTITUTION
WHEREBY ANY ACTION IN VIOLATION REMOVES
QUALIFIED OR JUDICIAL IMMUNITY UNDER A UNITED
STATE SUPREME COURT DECISION SCHEURER V
RHODES [Scheuer v. Rhodes, 416 U.S. 232 (1974) “ when a state
officer acts under a state law in a manner violative of the Federal Constitution,
he comes into conflict with the superior authority of that Constitution, and he is
in that case stripped of his official or representative character and is subjected
in his person to the consequences of his individual conduct. The State has no
1[Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 "the injunction signed only by a deputy clerk of the
District Court is void" for want of a judicial signature. Section 1691 of Title 28, U.S.C.”]
8
power to impart to him any immunity from responsibility to the supreme
authority of the United States.”]
9
13.THE TERM OBLIGOR ARISES FROM AN OBLIGATION
AND AN OBLIGATION ARISES FROM AN AGREEMENT.
THEREFORE, WHERE IS THIS AGREEMENT?
10
CONSTITUTION A PROTECTION AGAINST UNLAWFUL
PRACTICES FROM STATE AND FEDERAL AGENCIES AND
BUREAUS WHEREBY ANY STATE OR FEDERAL
EMPLOYEE VIOLATING THESE RIGHTS CAN AND SHALL
BE HELD PERSONALLY WITHOUT 11TH AMENDMENT
IMMUNITY TO ANSWER FOR TRESPASS UPON RIGHTS
[cf. 42 USC SEC 1983] BY ACTING UNDER OR ENFORCING
A STATE LAW OR STATUTE THAT COMES INTO
CONFLICT WITH INALIENABLE RIGHTS GUARANTEED
BY THE SUPERIOR LAW OF THE LAND, THE UNITED
STATES CONSTITUTION AS HELD BY THE UNITED
STATES SUPREME COURT IN [Scheuer v. Rhodes, 416 U.S. 232
(1974) “ when a state officer acts under a state law in a manner violative of the
Federal Constitution, he comes into conflict with the superior authority of that
Constitution, and he is in that case stripped of his official or representative
character and is subjected in his person to the consequences of his individual
conduct. The State has no power to impart to him any immunity from
responsibility to the supreme authority of the United States.”]
18.15 U.S. Code § 1692g - Validation of debts (a) Notice of debt;
contents Within five days after the initial communication with a
consumer in connection with the collection of any debt, a debt
collector shall, unless the following information is contained in the
initial communication or the consumer has paid the debt, send the
consumer a written notice containing—(1) the amount of the debt;(2)
the name of the creditor to whom the debt is owed;(3) a statement that
unless the consumer, within thirty days after receipt of the notice,
disputes the validity of the debt, or any portion thereof, the debt will
11
be assumed to be valid by the debt collector;(4) a statement that if the
consumer notifies the debt collector in writing within the thirty-day
period that the debt, or any portion thereof, is disputed, the debt
collector will obtain verification of the debt or a copy of a judgment
against the consumer and a copy of such verification or judgment will
be mailed to the consumer by the debt collector; and(5) a statement
that, upon the consumer’s written request within the thirty-day period,
the debt collector will provide the consumer with the name and
address of the original creditor, if different from the current
creditor.(b) Disputed debtsIf the consumer notifies the debt collector
in writing within the thirty-day period described in subsection (a) that
the debt, or any portion thereof, is disputed, or that the consumer
requests the name and address of the original creditor, the debt
collector shall cease collection of the debt, or any disputed portion
thereof, until the debt collector obtains verification of the debt or a
copy of a judgment, or the name and address of the original creditor,
and a copy of such verification or judgment, or name and address of
the original creditor, is mailed to the consumer by the debt collector.
Collection activities and communications that do not otherwise violate
this subchapter may continue during the 30-day period referred to in
subsection (a) unless the consumer has notified the debt collector in
writing that the debt, or any portion of the debt, is disputed or that the
consumer requests the name and address of the original creditor. Any
collection activities and communication during the 30-day period may
not overshadow or be inconsistent with the disclosure of the
consumer’s right to dispute the debt or request the name and address
of the original creditor.(c) Admission of liabilityThe failure of a
12
consumer to dispute the validity of a debt under this section may not
be construed by any court as an admission of liability by the
consumer.(d) Legal pleadings A communication in the form of a
formal pleading in a civil action shall not be treated as an initial
communication for purposes of subsection (a).(e) Notice provisions
The sending or delivery of any form or notice which does not relate to
the collection of a debt and is expressly required by title 26, title V of
Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of
Federal or State law relating to notice of data security breach or
privacy, or any regulation prescribed under any such provision of
law, shall not be treated as an initial communication in connection
with debt collection for purposes of this section.
19.One of the people [YOUR NAME] with inalienable rights guaranteed
by United States Bill of Rights is hereby notifying and requiring the
child support enforcement agency to comply with the laws in
accordance with the United States Constitution whereby any efforts
taken without following the due process clause against unlawful
seizure of property is illegal unless the Title IV-D Collection Agency
follows due process by petitioning a court and presenting evidence
and testimony showing probable cause that a debt exists by presenting
evidence of a contract with my wet-inked signature allowing court to
issue a warrant signed and issued by a judicial actor court within the
judicial branch of state and federal government sitting and holding
office inside a court of proper jurisdiction.
20. Provide writ of garnishment issued by court of competent
jurisdiction.
NON JUDICIAL ACTORS PRESIDING OVER EXPEDITED
13
PROCESSES FOR SUPPORT ARE NOT JUDGES AND PURSUANT
1. The alleged 30 day period does not apply due to support order being
with a judge. This non judicial actor the presiding officer conducting
14
expedited processes aka support proceedings in accordance with 45
RIGHTS
4. You are hereby notified and required to take corrective action or may
face the full weight of criminal justice and civil punitive action.
15
debt validation.
of debt.
2. States accepting loans from Federal Government cannot pass the debt
from this loan onto men and women who are not parties to this state
collecting debts from private people for loans paid to state from
federal government.
16
physical evidence of wet inked signature by one of the people [YOUR
NAME] for a contract for a Title IV-A loan for child support paid by
Support enforcement agency under 42 USC sec 406 [(A) In the case of
Silence when having the lawful duty to act is consistent with fraud and
17
18 U.S. Code § 241 - Conspiracy against rights
They shall be fined under this title or imprisoned not more than ten years, or
both; and if death results from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill, they shall be fined under this title or imprisoned for any term
of years or for life, or both, or may be sentenced to death”.
18 U.S. Code § 1341 - Frauds and swindles
18
CEASE AND DESIST COLLECTION PRACTICES UNTIL
DEBT
You have fifteen (15) days from receipt of this notice to respond and show
proof that one of the people [YOUR NAME] applied for said state loan and
must cease and desist collection of this alleged debt until validated and proof
error, not a mistake, but a crime. Crimes result in arrest and prosecution and
any sheriff or police officer that may refrain from taking a criminal
agency will ultimately result in a change in policy where the police or sheriff
19
Your silence is unacceptable, and your silence will be taken as admission
there is no consumer liability for debt under Fair Debt Collection Practices
Act 15 USC section 1692(g) where validation was demanded by alleged
debtor.
20
_________________________________
[YOUR NAME]
21