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  1. #1
    Join Date
    May 2009
    Posts
    9

    Default How to File for Federal Injunction Against a State

    Greetings,

    There is a child support matter that I have been trying to get resolved for many months now (same from the older thread I posted). So I will try to summerize the details here.

    The state of Oklahoma is reporting to the federal registry that I have child support arrearage, therefore I can not renew my drivers license or renew my passport.

    I had sent the Oklahoma child support a certified letter and it was signed for on 12/12/08. They never responded. That letter demanded they provide documentation/evidence of their claim, so that we could resolve this matter. I tried contacting them in March via telephone, since I had no response to the certified letter. At first, they would not even talk to me, stating "you need to contact the state you reside in or get an attorney", I responded that why should I involve a 3rd party, since I am contacting them directly to resolve this matter? I finally contacted someone in D.C. who contacted them and they finally would deal with me directly, that was back in mid March 09.

    After many demands via telephone and via e-mail (e-mails can be use in court, correct?) for documentation in which they are basing their claim, they have provided nothing. I did however get them to clearly state in an e-mail that I owe the state of Oklahoma nothing and that this was a "private matter". Therefore the state of Oklahoma is acting as a "collection agency".

    I have continued trying to resolve this matter with the claiming entity, however, now, they have "stonewalled" me. They will not answer telephone calls, nor reply to e-mails now. It has been a couple of weeks since they had replied and I called them on 6/11/09 and the receptionist stated she could not even transfer to the case workers voice mail because I was "not on her call back list". So once again, I have hit another stone wall.

    I was wondering if I could file a federal injuction in this matter? Since I do not live in Oklahoma, this would be under federal jurisdiction. The injunction would be to order the state of Oklahoma to not report their claimed child support arrearage to the federal registry, since they have been both unable and unwilling to provide documentation/evidence for the base of their claim and they are clearly unwilling to resolve this matter with me.

    Under common laws, a "collection agency" (that is all the state of Oklahoma is acting as in this case) has 30 days upon written request, to provide proper documentation to substantiate their claim. This agency received the certified letter demanding such documentation back on 12/12/08.

    So I think maybe I would have remedy, given the evidence, for a federal injuction against the state of Oklahoma for reporting their claim to the federal registry, and then i can renew my drivers license and passport.

    Your thoughts?

    Thank you in advance.

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: How to File for Federal Injunction Against a State

    Under common laws, a "collection agency" (that is all the state of Oklahoma is acting as in this case) has 30 days upon written request, to provide proper documentation to substantiate their claim. This agency received the certified letter demanding such documentation back on 12/12/08.

    The law you are referring to is not "common laws," it is the FDCPA.

    You are mistaken here. The law specifically excludes the government. Here is the definition:

    (6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include

    <snip irrelevant part>

    (C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;
    Since they are not a debt collector, then section 809 (15 USC 1692g) does not apply, as it applies only to debt collectors. Nice try, but this tactic won't work.

    My question for you is this: Do you in fact owe back child support? Are you trying to use the law to get out of paying it? Or is this an actual error on the part of the state?

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