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  • Termination of Collection Activity

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    David Dienamik
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    This document is a notice to terminate collection activity sent from an individual to a Child Support Agency. It asserts that 1) the federal authority of the Secretary of Health and Human Services does not extend outside of specific US territories, and 2) without proof of an agreement or undertaking for a loan/services, the child support enforcement program must cease activities against the individual. It cites regulations that require the Secretary to provide an opportunity to review records of debt and terminate collection if the debt cannot be substantiated. The individual requests that collection immediately cease, as the definitions of "default" require a loan or other agreement which has not been provided.

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    (24) TERMINATION OF COLLECTION ACTIVITY

    Original Title

    (24) TERMINATION OF COLLECTION ACTIVITY

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    This document is a notice to terminate collection activity sent from an individual to a Child Support Agency. It asserts that 1) the federal authority of the Secretary of Health and Human Services does not extend outside of specific US territories, and 2) without proof of an agreement or undertaking for a loan/services, the child support enforcement program must cease activities against the individual. It cites regulations that require the Secretary to provide an opportunity to review records of debt and terminate collection if the debt cannot be substantiated. The individual requests that collection immediately cease, as the definitions of "default" require a loan or other agreement which has not been provided.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    627 views3 pages

    Termination of Collection Activity

    Uploaded by

    David Dienamik
    This document is a notice to terminate collection activity sent from an individual to a Child Support Agency. It asserts that 1) the federal authority of the Secretary of Health and Human Services does not extend outside of specific US territories, and 2) without proof of an agreement or undertaking for a loan/services, the child support enforcement program must cease activities against the individual. It cites regulations that require the Secretary to provide an opportunity to review records of debt and terminate collection if the debt cannot be substantiated. The individual requests that collection immediately cease, as the definitions of "default" require a loan or other agreement which has not been provided.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    To: : CHILD SUPPORT AGENCY

    From: [NAME, ADDRESS AND CASE NUMBER COMMONLY


    CALLED CSMS]

    NOTICE TO TERMINATE COLLECTION ACTIVITY 45 CFR 30.30

    1. THE OFFICE OF THE SECRETARY OF HEALTH AND


    HUMAN SERVICES IS WITHOUT FEDERAL JURISDICTION
    OUTSIDE OF DISTRICT OF COLUMBUS, VIRGIN ISLANDS,
    THE COMMONWEALTH OF PUERTO RICO, GUAM AND
    AMERICAN SAMOA DEFINED IN STATUTES 42 USC
    SECTIONS 651-669(b)

    The federal authority for the Secretary of Health and Human Services is not

    enforceable outside the geographical area of District of Columbia, Virgin

    Islands, Commonwealth of Puerto Rico, Guam and American Samoa1

    The undersigned [Your Name SSN and Child Support Case Number is on

    support order] is a claimed debtor by the Child Support Collection Agency

    as authorized by 45 CFR sections 32.2 and pursuant 32.4 is authorized to

    inspect and copy records related to a claimed debt.

    AUTHORITY

    45 CFR 30.30 (a)(5) - Termination of Collection Activity


    1
    42 USC Sections 651-669b The term “State” includes District of Columbia, Virgin
    Islands, Commonwealth of Puerto Rico, Guam and American Samoa Cornell Law School
    https://www.law.cornell.edu/uscode/text/42/652
    (a) The Secretary may terminate collection activity when:

    (5) The debt cannot be substantiated;

    The Secretary of Health and Human Services or Designee is required by 5

    USC section 5514 and 31 USC Section 3176(a)(3) 45 CFR Part 32.4 to

    provide for opportunity to review record of debt and if this debt cannot be

    substantiated the Secretary of Health and Human Services is authorized to

    terminate collection activity under 45 CFR 30.30.

    WITHOUT FEDERAL JURISDICTION THE SECRETARY OF


    HEALTH AND HUMAN SERVICES AND AUTHORIZED
    DESIGNEE MUST PROVIDE PROOF OF AN UNDERTAKING FOR
    LOAN OR SERVICES AND WITHOUT PROOF OF AN
    AGREEMENT THE CHILD SUPPORT ENFORCEMENT
    PROGRAM BEING UTILIZED AGAINST THE UNDERSIGNED
    MUST IMMEDIATELY CEASE

    The definitions of terms in federal statute 42 USC section 666(H) “default ”


    (A)the term “default” means the failure of a borrower of a loan made under
    this part to— (i)make an installment payment when due; or (ii)comply with
    any other term of the promissory note for such loan,

    ______________________________
    [YOUR NAME AND ADDRESS]

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