Need Advice

[mrmagoo]

What is the name of your state? Virginia

Long story short, ex-wife filed an affidavit with North Carolina (CSE) 8/2001 stating non-payment of child support. Fought CSE and the case was dismissed was proven I paid child support as ordered.

Ex-wife went back to same office 08/2002 filed an affidavit stating non-payment of child support for varying months from pevious 10 years amounting to around $40,000. CSE instead of notifying me about the affidavit in order to refute it, instead sent instructions to VA to flag my tax returns, place the $40,000 on my credit file in 02/2003, this is when I learned of NC's actions.

Bear in mind that this is all based on an affidavit she filed, nothing has ever or was adjudicated against me. I fought the charges in the affidavit and VA dismissed the case 08/2003 after 6 months, 5 hearings involving producing evidence, etc. At the dismissal, VA stated that they were going to remove the erroneous debt from my credit file as well as release my tax returns. However 60 days later, my tax returns haven't been release and the debt is still on my credit file. Just wanted to know if anyone had advice on this issue on compelling or forcing VA to remove the debt and release my return.

Thanks in advance...

 

[BL]

At the dismissal, VA stated that they were going to remove the erroneous debt from my credit file as well as release my tax returns [ quote ]

What agency in VA. ? The Court or the Child Support Unit ?

Is all this stated in the order ?

If so send a copy to the Agency that initiated the with holding in the first place , also find out the State's Agency address and send them a copy . This may HAVE TO be done by you before they will comply with the order. ( I had to in NY ).

Next Find out CRA's your credit reports are filed in,and send them a copy and request this info be removed from your file(s).
Again YOU may have to do this .

 

[mrmagoo]

This was stated by the VA Child Support Enforcement office. To answer your other question, there was never an order stating that I owed this money. NC Child Support Enforcment sent some
notice through the internal system all CSE's use that basically told
them to flag my returns and place the debt in my credit file.

I initially contested this with the Credit Bureaus and was told that
VA stated that debt was correct and wasn't going to be removed
I figured I would wait until this whole thing ends and then go back

The main reason this was dismissed was because there was lack of evidence and the way NC filed its paperwork. VA noticed that
NC would never send them justification for debt or proven that it was adjudicated against me. Thanks for the advice

 

[smh33]

Just a 2 cent offer and I am no lawyer, but...the way I understand the CS thing to work is by state. If you look up your state's statutes...not Va but N.C. where the CS order seems to originate, look at child support and jurisdiction between states. My understanding is that if your debt was owed to N.C. under a N.C. court order...transfer of the case to VA is unlikely but if behind in CS, N.C. can give instruction to Va to sorta act in place of N.C. & hold your tax $. This has something to do with the issue being child support and that gives states some type of power to kinda work together. What I am thinking is that even if VA dissmissed the debt...the debt did not originate in Va & still exists in N.C.. Va just said they were not going to enforce or provide the 'taking of your money' for whatever reason. This does not mean that N.C. does not still assume you owe a debt and perhaps since the tag on your refund went into the system...since N.C. still lists your debt the tag on your refund remains.
I am thinking you need to settle this with N.C. not Va....just a possibility to check.

 

[mrmagoo]

smh33, thanks for the advice. take care...