Hmmm.... if you are really getting threaten with physical harm, I'd say it is time to move!
Seriously, you may consider conditionally agreeing to the paying of fees and signing of the forms they want upon them meeting some conditions that prove their claim.
You could do like Tora and myself and quote the section of the Privacy Act of 1974 about their authority to demand information from you and whether it is mandatory or voluntary and if it can be used against you (see the the California FTB thread):
Quote:
Per the Privacy Act of 1974 (e) (3)(A) and, Title 31 1.35(b) (2), states that your agency is required to:
?inform each individual whom it asks to supply information on the form which it uses to collect the information or on a separate form which can be retained by the individual, the authority (whether granted by statute, or by Executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary.? (Underline emphasis added).
For the protection of my person?s commercial well being, please provide me with the authority by which your agency is authorized to solicit a (Insert YEAR HERE) (insert STATE HERE) tax return from me, and whether disclosure of such tax information is mandatory or voluntary. This request is made in accordance with the Privacy Act of 1974 5 U.S.C. section 552a (e)(3)(A) and Title 31 1.35(b) (2).
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You can also request formal verification of the debt that you allegedly owe, according to the Fair Debt Collection Practices Act:
Quote:
Also, per the Fair Debt Collection Practices Act, hereinafter ?FDCPA? (as amended by Public Law 104-208, 110 Stat. 3009 (Sept 30, 1996)), Section 807, False or Misleading representations:
?A debt collector may not use false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: ? (11) The failure to disclose in the initial written communication with the consumer ? that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action? ? (Underline emphasis added)
Please provide the Code section that exempts you and your company and your Letter from the requirement to comply with Section 807(11) of FDCPA (15 USC 1692e).
Further, Section 809 of FDCPA, Validation of debts, states, in pertinent part:
?(b) If 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 any 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??
This letter is not a refusal to pay, but simply a request for the name and address of the original creditor and notification that the alleged unpaid debt is in need of validation and verification. Kindly mail to me: (1) the name and address of the original creditor; and (2) verification of the alleged unpaid debt, as that term, i.e. ?verification?, is commonly defined in law dictionaries, i.e.:
?Verification. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.? Black?s Law Dictionary (Sixth Edition)
Please note that the above request for verification can be satisfied only by your provision of a copy of verified proof of claim of loss from the original creditor, admissible as evidence in a court of law, i.e. in the form of affidavit, oath, or deposition, verifying that I have some contractual obligation to pay your company the alleged unpaid debt claimed in your Letter.
If you feel that you and your company are exempt from this FDCPA requirement (15 USC 1692g), please provide the Code section that affords you and your company such exemption.
Your failure to satisfy this request within a reasonable time constitutes your and your company?s absolute waiver of any and all claims against me in this matter, and your tacit agreement to compensate me for all costs and attorney fees, should such be necessitated / incurred as a result of your, and your company?s violation of FDCPA in this matter.
You should be aware that sending unsubstantiated demands for payment through the United States mail might constitute mail fraud under federal law.
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That was pretty much the guts of my recent correspondence with the theft board of California. I've heard that it was effective on the IRS. We'll see what happens with the state tax agencies.
I also gave them 21 days to respond. That is coming up next week. Then, I'll send a notice of default with option to cure (10 more days), then a final notice with final option to cure (final 10 days), then an affidavit of non-response and have it filed in the county recorders office here and in California (I have a contact out there). They'll get a copy of it too.
If they start threatening Garnishment, jump online and look up the Alabama state codes and find the part about garnishment rules and VERIFY that you must have a court order or judgment for a garnishment. I found it in about 1 hour on Georgia's statute website. If they send NOTICES of LEVY, keep in mind that those aren't real levies, but only notices. See Williamson VS Boulder Dam Credit Union (kudos to ICE on that one).
If I were you, I would send any correspondence back within 3 days and include and affidavit that you sent it back within 72 hours of receipt. You see, some people look at these things as hidden contracts, and you can reject or redraft any contract within 72 hours.
There should be more than just the 72 hour info on the attached affidavit. If you need more help on this, let me know.
Also, a certificate of service, to be witnessed and signed by the postal worker, claiming they witnessed all of the items go into the mailing bag would be good, so they can't claim they didn't get anything. I would send registered, return receipt. The extra $5 is worth it.
Whether this works or not is anyone's guess, but it is better than nothing.
Oh, and I attached a copyright notice and my letter gave them limited use of my trademarked name to get the information that was requested, but if they continued with any collection activity without getting the info to me first, then the authorized use was rejected and the terms applied. Also, violation of the FDCPA would have them criminally liable.
Did anyone sign the form you received?