I can't seem to find

[stupified]

    I'm looking for information regarding my rights. I currently have a collection agency calling wanting me to pay my arrears that has been sent to them to collect. I can't pay this debt because the judge has to rule on the amount which by the way is in another state. Until that takes place my support arrears account has been put on hold. Even though I sent the collection agency the papers from the judge stating that the hearing will take place in February. But they say they did'nt recive it from me. I have the signed certified mail recipt that was signed by someone at the agency. I don't want them to attach my wages or my bank account, because my hands are tied until the judge rules on the arrears. I also plan on paying the past due arrears in full when the judge gives me the amount.

                  Thank you, Stupified

[wendl]

How do you currently pay your CS????

Seems strange to me that it is over at a collection agency

**These are my opinions, they are not legal advice**

[stupified]

  I was for the last 18 yrs paying the CS thru Arizona's clearing house who was sending it to Nevada's clearing house, who then sent it to my x-wife. Arizona says I owe one amount and Nevada says I owe a lesser amount after taking my tax refunds for a couple of years. Without notifing Ariz of the amounts to deduct from my arrears that's what you get here my delima waiting for the judge to rule which total is right. Which is Nevada's amount.

[jilly]

I think you need to check the Fair Debt Collection Act.  Since you sent them a letter with the court documents attached and you have proof of mailing and receipt I would also file a complaint with the attorney general of your State.  In some cases you can do this through their website.  If you have to send a hard copy complaint, just set out your situation, the details (dates/times/person) of any conversations you've had with the collection agency and copies of the documentation you sent to them.

I had a creditor contact me regarding an account that had been included when I filed bankruptcy last year.  They contacted me AFTER my bankruptcy was discharged...which is a BIG no no.  I filed a complaint with the attorney general office, who sent them a nice little letter.  I then received a copy of their sthe creditord) very repentant letter from the attorney generals office and I haven't heard from them since. :D

[shawneetears]

Jilly has some good ideas.  Some things to consider:  In which state did the order origionate...NV or AZ.... that is the state that has jurisdiction.  If the agency contacting you about payment is the state centralized collection agency then they shouldn't be able to do a garnishment until the judge has made a ruling as to which amount is correct.  If it is an independant collection agency they must take you to court themselves.  Now, this does not keep the state agency from sending arrearage information to the credit reporting agencies.... and that is a whole nother issue to deal with.
Get all your ducks in a row.  You might want to try contacting the AZ agency again and make sure you get names....have on hand the name of the person who signed for your letter, IRS letter of intercept and printouts of the ledgers of both states.
Document everything, record if you can and get names, dates, and times...emails too.

wish you all the best life has to offer!  :)

[cathey1963]

seems likewhat the ex did to us.  kidsupport.com was collecting saying the were the CSED office in Texas and New Mexico started to garnish.  states don't use collection agencies as far as I know.  This is not legal advise but I would look into it.  It happened to us.

[stupified]

  The agency called me again. This time I asked why they don't have the papers that I sent to them showing my arrearages were frozen and the judge would rule on them. I have the cretified mail recipt sighned by someone in there office. There responce was we don't know anybody by that name here. I then told them that I would contact the Attorney Generals office if they would like me to. The agency representitave said that would not be nessary. I then got there fax number and said I will send the papers again. I said I will stay on the line until they can conferm the papers were recived by them after I fax them this time. I then faxed the papers to them while remaining on the phone with a representative. Within a couple of minuets she said they recived the fax from me. I then told the agency rep that I should not be hearing from them anymore correct? she replied I think not we have all we need to prove that I was correct the case was still pending in court. I have not heared a word from them since. That hopefully will be the end of them. Pending a final ruling by the judge my arrears will be payed off in full, and my dealings withe child support agencies from both states will be over.

[shawneetears]

Thanks for the update. Seems things have been worked out for the moment. I know you will be glad to have this settled finally.
Just keep your paperwork on hand for a while....I think the average is 5 to 7 years....just in case. My hope is you will never need it.

wish you all the best life has to offer!  :)