Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-21-2002, 08:55 AM
bill coleman
Guest
 
Posts: n/a
Question

Child support collection


What is the name of your state? Texas
Is a child support collection agency subject to the Fair Debt Collection Practices Act, Section 809?
If not are there similar laws in my state?
I have recieved calls from this collection agency five times a day.
They have called my employeer and have continued to call after my employeer and myself had ordered them to stop.
They were told to contact me by mail only and there reply was that child support collection is not subject to any collection laws.

Can you assist me with an answer. thanks
  #2  
Old 07-21-2002, 08:59 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Child support collection


Quote:
Originally posted by bill coleman
What is the name of your state? Texas
Is a child support collection agency subject to the Fair Debt Collection Practices Act, Section 809?
If not are there similar laws in my state?
I have recieved calls from this collection agency five times a day.
They have called my employeer and have continued to call after my employeer and myself had ordered them to stop.
They were told to contact me by mail only and there reply was that child support collection is not subject to any collection laws.

Can you assist me with an answer. thanks

My response:

Sure.

Why aren't you paying for your child support?

IAAL

Last edited by I AM ALWAYS LIABLE; 07-21-2002 at 09:57 AM.
  #3  
Old 07-21-2002, 10:14 AM
a neighbor
Guest
 
Posts: n/a
*They were told to contact me by mail only and there reply was that child support collection is not subject to any collection laws. *

Oh yes they do have laws! They are to collect even if it means taking your vehicle, throwing you in jail, attaching wages. I say the calling is a pretty light step right now.

Please don't make a child that never asked to be brought into this world suffer. You may think your $'s are going to the EX or what ever, but all-in-all it benefits the child that the guardian receives some sort of funds.

Just a thought, not knowing how old this child is, schools coming up. Do you know how much it costs to send a kid to school with just the basics??
  #4  
Old 07-21-2002, 10:34 AM
bill coleman
Guest
 
Posts: n/a

I AM ALWAYS LIABLE


The money was deducted from my wages. The military sees to this. In fact the money sent by the Army was more than the amount required. This is because all seperation pay goes to pay child support and allimony. I was only needing advice on the agency. Not moral advice. Thank you. The complaint is erronious and without merit. I have a repuest in to the military to send all of my pay statements and until I receive them I have to deal with a very agressive collection agency.
  #5  
Old 07-21-2002, 01:12 PM
a neighbor
Guest
 
Posts: n/a
OK then, why don't you offer all that up as proof?? fax it to them, send it certified mail, beats getting picked up (arrested) on the way out the door from work.

And sorry to jump to conclusions. Where I live and surrounding area they don't even feed their dogs, let alone support their children, so I thought the worst.

I surely get tired of picking up the pieces of children that I'm not related to and don't know, and being a person who grew up with everything needed and most of all things wanted (no mini-bike or horse tho, LOL), I always feel the need to supply the basics to those needy, even if it puts me in debt.

So again, offer up all your proof don't let it slid, they must have something that says you owe. Now prove it that you don't. It'll cost you more for an attorney sitting behind bars then sitting behind your desk, and it all may be over a big mistake. Good luck to you!
  #6  
Old 07-21-2002, 01:47 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,509
Child support enforcement is totally exempt from the requirements of the FDCPA (Fair Debt Collection Practices Act). The exemption comes about since the FDCPA applies to 3rd party collectors trying to enforce a debt incurred from a "transaction (involving purchase of) property ... or services ... for personal, family or household purposes." CSE (Child Support Enforcement clearly doesn not meet either of these basic requirements.

There have been numerous United States District Court decisions that have held that Child Support is not a consumer debt. Instead, child support is an obligation and government agencies as well as private agencies can utilize whatever "legal methods" are available to force an individual to comply with the terms and conditions of the child
support order.

This was confirmed in a FTC Staff Opinion which can be seen at:
[url]http://www.ftc.gov/os/statutes/fdcpa/letters/samuels.htm[/url]

You might want to click on:
[url]http://www.deadbeatparent.com/fdcpa.htm[/url]
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #7  
Old 07-22-2002, 02:42 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Sounds like a royal screw-up to me. If the military is automatically taking care of your obligations, then the CA obviously has some erroneous information. Since you've requested copies of your pay vouchers already, sounds like you're going to have to put up with this jerk until you can stick proof-positive under his nose that the support is being paid on a regular basis.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:45 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.