Deal only with courts, not support collection con artists
Bob Hirschfeld, JD - Still standing up to the bastards
I receive from those who have mistakenly responded to
or even sent money to child-support con artists.
(Name of sender deleted for privacy.)
Note that the AZ collection agency got this
poor guy to believe that if he didn't directly
send money to them by a certain date,
they would forthwith have him jailed....
in another state, too!
Best response to such con artists is to
steadfastlty resist the urge to respond at all.
Do not respond. If they call on the phone,
hang up immediately. Make them prove
their claims in court. Most such collection
con artists work on the percentage
expectations that a few of their victims
will be scared into sending them money.
Only a judge having jurisdiction can
put someone in jail, and there has to be
at least some notice and opportunity to
appear before that happens.
If you need paperwork to defend or deal with
child support, custody and visitation litigation,
HOW2 is available.
--Bob Hirschfeld, JD Phoenix AZ
HOW2 Represent Yourself in Court Without a Lawyer
http://www.how2.org/nolawyer
nola...@how2.org
(602) 265 4692
At 10:12 AM 9/18/98 EDT, xxx...@aol.com wrote:
>Hi Bob,
>
>I am writing to you in hope of obtaining advice on a child support issue.
My
>husband had 2 children out of wedlock in the late 70s. He has not had
contact
>with them , or the mother since 1981. He has felt guilty about it , but
>because she (the children's mother ) never attempted to contact him for
>support , he assumed that all was well. Last month , he was contacted by
RSI
>in AZ. , and told that he owed $13,000 in child support arrearage.
Furthermore
>, he was told that if he didn't pay 10% by Sept. 30 that he would go to
jail.
>They then said that he had agreed to pay $400 /month , thereafter, until
the
>debt is paid. This isn't true.
>
>His position is this :
>He admits that he owes the money although he has never been to court , nor
has
>he ever been served with legal papers requiring him to go to court. He
wants
>to pay the money , but we cannot afford to make such extravagant
payments.
>Furthermore , the children are now 18 , and 20 so once the arrearage is
paid ,
>there are no further payments.
>
>Is he not protected by the 13th amendment which prohibits jailing a person
for
>not being able to pay a debt? We feel that his constitutional rights are
being
>violated . I called these people , and asked that they reduce the
payments .
>I was told that it was fixed , and could not be changed. I have never
heard of
>an agreement such as this being made over the phone. We have not seen any
>paper work or signed a contract. We did send them $675 on Aug. 31 , and
will
>send another $675 by Sept. 30. This will take care of the 10%. We
desperately
>need to reduce the $400 a month; otherwise , this will send us into
>bankruptcy.
>
>What is our recourse?
>
>Sincerely ,
>xxxxx