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Old 09-27-2004, 04:56 PM
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rushpat rushpat is offline
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Join Date: Oct 2004
Location: Georgia
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FDCPA violations by the tax man

Although I haven't heard from that particular state taxation agency in a while (their last was a notice of action... which was sent back refused for cause without dishonor with an affidavit and letter stating that they've already defaulted on their claim by not providing FDCPA certified verification of their claim), I'm prepping just in case I'm still in their targets in the future.



I read an article about standard CC debt collectors and how they routinely violate the FDCPA. One of the tactics was to request certified verification to buy time, and when they don't give it but continue collection activities, hit them with a letter putting them on notice that they've violated the FDCPA, and now owe the consumer $1000 per incident, and request how they'd wish to make payment.



Has anyone tried this yet on the taxman? I'd love to see their faces when you present the fact that you have DOCUMENTED evidence that they've violated the FDCPA and you are now going to collect, while they still whine and moan about an alleged tax debt they claim you owe, but can't/won't prove.



Also, in California, the PRA (public records act), allows for a $1000 per incident damage award if a public official fails to produce the public records requested. Does anyone know if this is per request item, or if several request items are collected in a single letter of request?



I'd like to know so that it would be possible to line up enough PRA violations, plus the FDCPA violations to have it so that the tax collection agency actually owed more than what they were trying to collect. See where I'm taking this...?



Taxman: "Hey you, pay up $5000 in back taxes or we'll enforce collection activities".



Sovereign: "Hey loser, you owe me $5000 in FDCPA and PRA violations. Pay up."
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Old 09-27-2004, 06:16 PM
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weishaupt1776 weishaupt1776 is offline
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FDCPA violations by the tax man

[color=black][b]Looks like Munson's going along those lines. Could this be another fine product from the labs of Sui Juris? I've seriously considering that type of approach, but am hesitant to use code.
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Old 10-18-2004, 06:58 PM
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rushpat rushpat is offline
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FDCPA violations by the tax man

I may put this to the test soon. My update is in the FTB thread.

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