Child Support Response

Originally Posted by john4na

Hi Y'all,
I sent out on or about Dec a VOD package with Cert Prom Note, to the Dept Of Rev here in Florida.
I had given them 10 days to respond, then sent a notice of account, with 10 days to 0.00 out the account, then sent a notice of default, with 10 days to respond, then I have not gotten to the notice of fault yet. (They have not responded once to any coorespondance) I received in the mail yesterday my ORIGINAL VOD and Cert Promisory note in it. All pages were stamped by the clerk of the court on Jan 15th
The Cover letter says:

"Dear Mr R_____
We are returning the promisory note papers and info you sent to us. Child Support may not be included in any debt consolidation or bankruptcy proceedings, we therefore do not accept any promisory notes. I would like to also take this opportunity to inform you that a letter waring you of possible drivers licese suspension if child support payments were notmadewas sent to you on 01/15/2004. Another letter informing you of our intent to suspend your drivers license was sent on 02/10/2004 and your license is now set to be suspended as of 03/23/2004. I urge you to contact your nearest Child Support Office and make your court ordered child support payments which can enable us to stop the suspension of your drivers license. If you have any questions please call our customer service team at 800- 622-5437. Thank You."


No Signature was on this form and it was sent from the standard letterhead.

Any NON-legal sugestions?


John



:? :?

they have dishonored you by returning your promissary note. continue with your process.

[Akira]

Are you speaking from personal experience?

[powder]

If they returned the promissory note they discharged the debt. Why continue anything? They perfected it for you.

If you owe me 10,000 FRNs and you give me something, if I give it back to you and state 'i do not accept that form of payment' THE DEBT IS DISCHARGED.

[Ice]

Powder is correct... the debt is discharged.

But there are other ways to deal with child support issues. LRG does retail some material by Marvin Bryer... you should take a look at that. The tactics he uses could prove to be valuable to all.

Ice

[Shoonra]

Originally Posted by powder

If you owe me 10,000 FRNs and you give me something, if I give it back to you and state 'i do not accept that form of payment' THE DEBT IS DISCHARGED.

Wrong wrong wrong. The Dept of Revenue NEVER agreed to accept your promissory note, and you cannot compel them to accept it. On the other hand, the Dept of Revenue can INSIST, if it wishes, on payment being made in legal tender; cf. UCC sec 2-511(2).

I have no idea what your purported promissory note said, but some of the examples I've seen on this website are not worth used toilet paper. A promissory note is NOT, itself, payment. As the name suggests, it merely promises payment at a future date - the fact that the Dept of Revenue is coming down on you with both feet should be taken as a very strong indication that it isn't interested in waiting for a future date, it wants payment now.

man, these child support issues are probably number one or two in the government collection scams. Iforgot who said it, but, we cure all defects in civil and criminal cases. Last month, the state came after me to try and open a new case. it came from child support RECOVERY. they listed about 10 lies they wanted me to agree to in order to get jurisdiction. they actually stated that they wanted me to agree to the lies. first lie: they said my child received public assistance. second lie: they said i had a custody agreement with the childs mother giving her the right to collect. well, anyway, you get my drift. so, what i did was a counterclaim, rebuttal of presumed facts, non consent to jurisdiction and venue of the court and limited my venue to common law. also told them it was against public policy to demand me to pay and alleged debt with a instrument of THEIR choice. its sad that non of the population in general knows whats going on. they actually have the bankers (child support agents) issue their own summons and the whole thing and pretend it comes from the administrative court. the reason they can do this is quite simple, there are no courts in america, just administrative hearings. so the game is to throw a pack of lies out there that the people dont rebut and they contract themselves into a jugdment on behalf of the state (corporation) under the guise of child support. needless to say, when i showed up for the hearing, they tried to steamroll me with the stupid others (citizens in a stupor). tried to get me to fill out a financial affidavit. i stopped the scam and told them i wasnt filling out nothing and that they better come correct. the ladies (they always have uptight females working at child support,they mad at men, act like you owe them PERSONALLY), anyway, the ladies werent too thrilled and said they would set the case up in the correct county for a later hearing (they even served me out of their statutory jurisdiction and tried to sucker me into that). i cut her off and asked her name, who she worked for, basically turned it around where im the prosecutor and she defending herself and her agency. thats how a creditor acts. you owe me, i dont owe you. you have slaved me into the social security number against natural law and gonna pretend i dont have a remedy. peace

Originally Posted by Shoonra

Wrong wrong wrong. The Dept of Revenue NEVER agreed to accept your promissory note, and you cannot compel them to accept it. On the other hand, the Dept of Revenue can INSIST, if it wishes, on payment being made in legal tender; cf. UCC sec 2-511(2).

I have no idea what your purported promissory note said, but some of the examples I've seen on this website are not worth used toilet paper. A promissory note is NOT, itself, payment. As the name suggests, it merely promises payment at a future date - the fact that the Dept of Revenue is coming down on you with both feet should be taken as a very strong indication that it isn't interested in waiting for a future date, it wants payment now.

[scooterdog]

Originally Posted by Shoonra

Wrong wrong wrong. The Dept of Revenue NEVER agreed to accept your promissory note, and you cannot compel them to accept it. On the other hand, the Dept of Revenue can INSIST, if it wishes, on payment being made in legal tender; cf. UCC sec 2-511(2).

I have no idea what your purported promissory note said, but some of the examples I've seen on this website are not worth used toilet paper. A promissory note is NOT, itself, payment. As the name suggests, it merely promises payment at a future date - the fact that the Dept of Revenue is coming down on you with both feet should be taken as a very strong indication that it isn't interested in waiting for a future date, it wants payment now.

Good answere Shoonra. There are ALOT of incompetent people in here giving "advice" in family law that just don't have a clue. As I keep saying, go on with your defaults and what not, in the end the result will be the same, the judge will get pissed off and you will be left broke as sh*t. I don't even have pitty for people that pull stupid crap with child support and the like and end up taking it in the hind-end. Learn the procedures and don't pull stupid sh*t and you'll be ok.

[Akira]

Scooterdog,

If you have something CONSTRUCTIVE to share then share it.. Defend your position, with cites, references, and experience, and help folks to WIN.

You keep saying it's so easy.. If it's so easy... then help people to win !

Start a thread and lay out your process.

Otherwise, keep you ad hominem attacks to yourself.

Between these posts:

http://www.suijuris.net/forum/80050-post19.html <- this one is marginal.. however, Ice would eat you AND me for breakfast in a court of law.

http://www.suijuris.net/forum/80268-post28.html

http://www.suijuris.net/forum/80289-post17.html

You have earned yourself a 2nd warning.

[powder]

Originally Posted by scooterdog

Good answere Shoonra. There are ALOT of incompetent people in here giving "advice" in family law that just don't have a clue. As I keep saying, go on with your defaults and what not, in the end the result will be the same, the judge will get pissed off and you will be left broke as sh*t. I don't even have pitty for people that pull stupid crap with child support and the like and end up taking it in the hind-end. Learn the procedures and don't pull stupid sh*t and you'll be ok.

Really?

Strawman just tendered a bond for full settlment and closure on a child support case that was purchased from a guy facing prision - MONDAY. Black robe asked stated to shysters "I see nothing wrong with the bond as payment, DO YOU?" Shysters responded "well,... um...no".

I guess there will always be naysayers.

[powder]

Originally Posted by Shoonra

Wrong wrong wrong. The Dept of Revenue NEVER agreed to accept your promissory note, and you cannot compel them to accept it. On the other hand, the Dept of Revenue can INSIST, if it wishes, on payment being made in legal tender; cf. UCC sec 2-511(2).

I have no idea what your purported promissory note said, but some of the examples I've seen on this website are not worth used toilet paper. A promissory note is NOT, itself, payment. As the name suggests, it merely promises payment at a future date - the fact that the Dept of Revenue is coming down on you with both feet should be taken as a very strong indication that it isn't interested in waiting for a future date, it wants payment now.

Thank you for your OPINIONS but you are misinformed. I shall dig out my commercial law book and hammer this home.