AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY

From: as man, Matthew Mack Kinard, Authorized Representative I DO NOT CONSENT TO CHILD SUPPORT
In Full Life, In Propria Persona, Sui Juris SLAVERY OF PRIVATE CORPORATIONS
All Rights Reserved: U.C.C.1-207/1-308; U.C.C.2-207/1-103.6 OPERATING ILLEGAL AGAINST MY
[c/o 11800 W 73rd Place] UNALIENABLE RIGHTS OF FREEWILL
Arvada, via Colorado Republic CONSENT, AS MAN IS CREATED EQUAL
Zip Exempt [80005] Non-Assumpsit IN THE IMAGE OF HIS UNIVERSAL GOD.
via United States Republic, Continental, North America
Non-Domestic, Non Resident, via united States Mail
without the United States corporation

To: SHERIFFS COMMISSIONERS/COMMISSIONERS of Child Support Enforcement Agency

To: DIRECTOR OF CHILD SUPPORT

To: ADMINISTRATIVE CLERK

To: DIVISION OF CHILD SUPPORT ENFORCEMENT AGENCY

To: Domestic Relations District Court

To: CHILD SUPPORT ENFORCEMENT

To: Equifax Information Services LLC

P.O. Box 740256
Atlanta, GA 30374
To: Experian
P.O. Box 4500
Allen, TX 75013
To: Transunion
P.O. Box 1000
Chester, PA 19016

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 AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY

THIS ENTITY MUST PROVIDE PROOF IT IS ACTING LAWFUL BY PROVIDING TRUE COPIES OF THE
FOLLOWING VALIDATING TITLE IV-D DEBT OR IT IS COMMITING A FRAUD AND CONCEALING IT’S
ILLEGAL FRAUDULENT COLLECTIONS PRACTICES TO DEPRIVE PROPERTY RECEIVED FEDERAL
FUNDS UNDER 42 USC SECTION 658A
1. IS THIS A CONSUMER DEBT OR COMMERCIAL DEBT? WHEREAS I UNDERSTAND IT ALL
CONSUMER DEBT FALL UNDER FAIR DEBT COLLECTION PRACTICES ACT

2. IS THE COLLECTION OF THIS ALLEGED CHILD SUPPORT DEBT REPAYMENT OF A LOAN AS PART
OF THE FEDERAL OFFSET? WHEREAS I UNDERSTAND IT, I HAVE NOT SIGNED A DOCUMENT
THAT AUTHORIZED A LOAN FOR ANYTHING REQUIRING REPAYMENT OR COLLECTION
PRACTICES FOR DELINQUENCY OR TO OFFSET THIS ALLEGED DEBT. Administrative offset- The
process of withholding all or part of an administrative (non-tax related) payment that is paid by the federal
government to a person or entity that owes an outstanding delinquent non-tax debt to the government, and
applying the funds to reduce or satisfy the debt. http:www,acf.hhs.gov/sites/default/files/programs/css/child support
glossary.pdf

3. A VALIDATION OF A CONTRACT EXTENDING CREDIT TO A Man, Matthew Mack Kinard FOR CHILD
SUPPORT UNDER TITLE IV-A REQUIRING TITLE IV-D COLLECTION OF A DEBT BY CHILD
SUPPORT COLLECTION FOR A BREACH OF CONTRACT BY THE ALLEGED DEBTOR.

4. VALIDATION OF EVIDENCE THE STATE UNDER 42 USC SECTION 654(B) IS PROVIDING FOR THE
CHILD OR CHILDREN FOR SUPPORT IS BEING COLLECTED IS RECEIVING STATE BENEFIT (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 1691 AND PROOF OF A MONEY JUDGEMENT FOR ARREARS WITH CLERKS OFFICE AS
REQUIRED BY LAW [ A DEPUTY CLERK IS NOT A JUDICIAL SIGNATURE AND ANY DOCUMENT
SIGNED BY A DEPUTY CLERK IS VOID FOR NOT COMPLYING WITH LAW UNDER UNITED STATES
CODE 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 OR POWERS
DOCTRINE A BLATANT VIOLATION 0F 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.

6. VALIDATION OF TITLE IV – A/IV- D LOAN/DEBT IS LAWFULLY REQUIRED UNDER FAIR DEBT

COLLECTION PRACTICES ACT OR FDCPA UNDER 15 USC SECTION 1692(G)(C) 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(s)] THE
CREDITOR ASSIGNED RIGHTS TO STATE REQUIRING DEBT COLLECTIONS FOR REPAYMENT OF
SERVICES UNDER STATE WELFARE PROGRAM.

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 AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY

7. FURTHER, THIS ENTITY CANNOT RELY UPON A CLAIM THAT A COURT ORDER IS ORDERING A
Man, Matthew Mack Kinard 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 LACK OF JUDICIAL SIGNATURE.
[ 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 1691of Title, U.S.C.” ] 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.

8. CLUSE UNDER 14th AMENDMENT AND IS A CONSPIRACY AGAINST RIGHTS A TRESPASS UPON
RIGHTS UNDER 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.
http://www.acf.hhs.gov/sites/default/program/css/child support glossary.pdf

9. ALL LAWS PROTECTING EMPLOYEE(s) FROM LAWSUIT 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/she comes into conflict
with the superior authority of that Constitution, and he/she is in that case stripped of his official or
representative character and is subjected in his/her person to the consequences of his/her individual conduct.
The state has no power to impart to him/her any immunity from responsibility to the supreme authority of the
United States”.]

10. A Man, Matthew Mack Kinard IS DEMANDING A TRUE COPY OF A COURT ORDER COMPLETE WITH
JUDICIAL SIGNATURE AND ENTRY BY THE CLERK IN ACCORDANCE WITH 28 USC SECTION 1691,
WHEREBY THIS ENTITY CANNOT CLAIM A SUPPORT IS A COURT ORDER AND A SUPPORT ORDER
CANNOT CREATE AN OBLIGATION TO A DEBT, THEREFORE IS NOT A DEBT WHEN THERE IS NO
EVIDENCE OF A COURT ORDER ! “ Holding that an obligation to pay arising out of a court order was not an
FDCPA “debt” Knight v. Superior Court of N.J. Law Div,. No. 12-3827 ( 3d Cir. Feb, 7 2013)

11. THEREFORE THIS CHILD SUPPORT COLLECTION ENTITY CANNOT RELY UPON AN OBLIGATION
TO PAY ARISING OUT OF A COURT ORDER UNTIL IT PRODUCES A TRUE COPY OF A LEGALLY
ENFORCEABLE COURT ORDER SIGNED BY A CLERK OF THE COURT AND NOT DEPUTY CLERK
OR ANY OTHER CLERK EMPLOYEE FOR THIS RENDERS THE SUPPORT ORDER VOID FOR
FAILURE TO FOLLOW DUE PROCESS UNDER SEALE AND TESTE OF PROCESS UNDER 28 USC
SECTION 1691.

12. A Man, Matthew Mack Kinard IS GUARANTEED BU THE STATE OF Matthew Mack Kinard AND UNITED
STATES CONSTITUTION A PROTECTION AGAINST UNLAWFUL PRACTICES FROM STATE AND
FEDERAL EMPLOYEE VIOLATING THESE RIGHTS CAN SHALL BE HELD PERSONALLY WITHOUT
11TH AMENDMENT IMMUNITY TO ANSWER FOR TRESPASS UPON RIGHTS [ cf. 42 USC SECTION
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. 416 232 (1974) “when a state officer acts under a state law in a manner violative of the

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 AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY

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/her person to the consequences of his
individual conduct. The State has no power to impart to hm/her any immunity from responsibility to the supreme
authority of the United States”.]

13. 15 U.S. CODE § 1691g – 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 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 debts if the consumer notifies the
debt collector in writing within the thrity-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. Collections 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 liability The failure
of a 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
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.

14. A man, Matthew Mack Kinard with unalienable 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 presenting evidence of a contract with my wet-
inked signature allowing court to issue a warrant signed and issued by a judicial actor within the judicial branch of state
and federal government sitting and holding office inside a court of proper jurisdiction.
NON JUDICIAL ACTORS PRESIDING OVER EXPEDITED PROCESSES FOR SUPPORT ARE NOT JUDGES
AND PURSUANT DUE PROCESS OF LAW REQUIRES THE JUDICIAL REVIEW AND CONFIRMATION BY
A JUDGE AND SIGNATURE AND ENTRY BY CLERK AS REQUIRED BY 28 USC SECTION 1691 [ALL
WRITS REQUIRE JUDICIAL SIGNATURE] WHEREBY ANY SUPPORT ORDER WITHOUT THE REQUIRED
JUDICIAL OF A CLERK AND JUDGE VIOLATES DUE PROCESS AND IS A VOID JUDGEMENT WITHOUT
ANY LEGAL FORCE AND WHEN USED TO DEPRIVE PROPERTY IS A FORGERY AKA INCOMPLETE
WRITTEN INSTRUMENT AND IS A VOID JUDGEMENT WHICH CAN BE ATTACKED AT ANY TIME !
1. The alleged 30 day period does not apply due to support order being a void judgement created with following due
process. [A judgement may not be rendered in violation of constitutional protections The validity of a judgement

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 AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY

may be affected by a failure to give the constitutionally required due process notice and an opportunity to be heard.
Earle v. McVeigh, 91 US 503, 23 L Ed 398.

2. A non-judicial actor commonly referred to as support magistrates, assistant district attorneys’, hearing officers, ect,
is not to be confused with a judge. This non-judicial actor the presiding officer conducting expedited processes aka
support proceedings in accordance with 45 CFR 303.101 is not authorized under the law to issue warrants OR
SUPPORT ORDERS to seize property therefore any SUPPORT ORDERS sent to a Title IV- D COLLECTION
AGENCY IS WITHOUT LEGAL FORCE AND CANNOT AUTHORIZE THIS TITLE IV-D COLLECTION
AGENCY TO SEIZE PROPERTY FOR THIS IS A VIOLATION OF THE 4TH AMENDMENT IN THE BILL OF
RIGHTS.

3. Income Withholding Orders are required by law 28 USC section 1691 to have judicial review and judicial
confirmation before being sent as a warrant to an employer or banking institution, or the IWO is by the letter of law
an incomplete written instrument AKA Forgery. Forgery is a crime. Does the Title IV-D Collection Agency
condone criminal actions as part of collections practices?

4. You are hereby notified and required to take corrective action or face the full weight criminal justice and civil
punitive action. Under Fair Debt Collection Practices Act 15 USC section 1692(g), a man,Matthew Mack Kinard
requires immediate validation of a debt by child support enforcement agency a third party debt collector for he/she
admits no liability to a debt for child support by this debt
FAIR DEBT COLLECTION PRACTICES ACT 15 USC SECTION 1692(g) REQUIRES VALIDATION OF
DEBT REQUIRING A DUTY TO RESPOND AND FAILURE TO RESPOND IS EQUATED WITH FRAUD
WHEN HAVING THE DUTY TO DO SO
1. This validation of debt is exactly that, a validation of this alleged debt this Title IV-D Collection Agency is
alleging and a response by issuing an accounting summary or a support order without judicial signature is not
physical evidence of a man, Matthew Mack Kinard wet-inked signature on a Title IV-D Loan as a true
validation of debt.

2. States accepting loans Federal Government cannot pass the debt from this loan onto men and women who are
not parties to this states loan, which is precisely what child support agencies are doing by collecting debts from
private people for loans paid to the state from the federal government.

3. Presumptions of debts without validation evidence is unlawful by insinuating guilt by calling a man, Matthew
Mack Kinard an obligor, payor and non- custodial parent without proof of a loan is prohibited until a
validation, until a validation of a consumer debt is proven by the physical evidence of wet-inked signature by a
man, Matthew Mack Kinard for a contract for Title IV-D loan for child support paid by the State of Matthew
Mack Kinard under 42 USC sec 606 Federal loans for state welfare programs .

4. The validation of debt by proof of a loan is the only time authorizing Title IV-D collections services by the
State of Ohio child support enforcement agency under 42 USC sec 406 [(A) In the case of a claim of
entitlement to past-due benefits under this subchapter, if –(I) an agreement between the claimant and another
person regarding any fee to be recovered by such person to compensate such person for services with respect to
the claim is presented in writing to the Commissioner(s) of Social Security prior to the time of the
Commissioner(s) determination regarding the claim,]

REFUSAL TO COMPLY IS CONSISTENT WITH FRAUD

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 AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY

Refusal to comply with this validation of debt is an intentional act of silence and silence when having the lawful
duty to act is consistent with fraud and consistent with the following federal crime under title 18. 18 U.S. Code §
241- Conspiracy against rights
“ If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory,
Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him
by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more
persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free
exercise or enjoyment of any right or privilege so secured – They shall be fined under this title or imprisoned not
more than ten years, or both; and if death results from the act committed in violation of this section or if such acts
kidnapping 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

“Whoever, having devised or intending to devise any scheme to defraud, or for obtaining money or property by
means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter,
give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation,
security, or other article, or anything represented to be or intimidated or held out to be such counterfeit or spurious
article, for the purpose of executing such scheme or article or attempting so to do, places in any post office or
authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or
deposits or cause to be deposited any matter or thing whatever to be sent or delivered by any private or commercial
interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by
mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the
person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than
20 years, or both”.

CEASE AND DESIST COLLECTION PRACTICES UNTIL PHYSICAL EVIDENCE IS SHOWN BY

VALIDATING PROOF OF A DEBT
You have fifteen (15) days from receipt of this notice to respond and show proof that man, Matthew Mack
Kinard applied for said state loan and must cease and desist collection of this alleged debt until validated and proof
of a legally enforceable court order is produced. Taking property for an alleged debt without evidence of an
agreement for a loan is a crime, not an error, not a mistake, but a crime. Crimes result in arrest and prosecution and
any sheriff or policy enforcer tha may refrain from taking a criminal complaint will be held to answer in civil court
for concealment of a crime and failure to prevent harm under 42 USC sec 1986.
A civil complaint against a law enforcement officer and police/sheriff department for failure to take a complaint
and investigate allegations of crimes against persons working in Title IV-D child support enforcement agency will
intimately result in a change in policy where the police or sheriff departments will be forced to take necessary law
enforcement action, which is arrest and prosecution of employees depriving property under the guise of collecting
debts that do not exist.

SILENCE IS UNACCEPTABLE UNDER LAW

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 AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY

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)
THE FOLLOWING IS REQUIRED
1. TRUE COPY LEGALLY ENFORCEABLE COURT ORDER CONTAINING JUDICIAL
SIGNATURE IN ACCORDANCE WITH 28 USC SECTION 1691 FOR WITHOUT A COURT
ORDER FOR SUPPORT THIS IS A DEBT UNDER FDCPA
2. WITHOUT A TRUE COPY OF COURT ORDER THE ALLEGED DEBT MUST BE
VALIDATED IN ACCORDANCE WITH FDCPA 15 USC SECTION 1692(G)
3. TRUE COPY OF ASSIGNMENT OF RIGHTS BY CUSTODIAL PARENT TO STATE MAKING
THE STATE THE CREDITOR

This Affidavit is dated _______________________ A.D.

From: as man, Matthew Mack Kinard, sui juris, __________________________________

All Rights Reserved: U.C.C.1-207/1-308; U.C.C.2-207/1-103.6
[c/o 11800 W. 73r Place]
Arvada, via Colorado Republic
Zip Exempt [80005] Non-Assumpsit
via United States Republic, Continental, North America
Non-Domestic, Non Resident, via united States Mail
without the United States corporation®

Jurat/ Acknowledgement

Colorado Republic )

__________________ county )

Date:__________________

Signed: _____________________________________
Commissioned Notary - Witness

Printed: _____________________________________

Notary Seal

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