By this letter I am acknowledging receipt of a Feb. 25 letter from you which attempts to extract monies from me in the amount of $12,532.86, that you have apparently been contracted by the Georgia Department of Revenue (hereinafter referred to as GADOR) to obtain via intimidation, coercion and threat. This letter also documents phone calls on March 9-11 between you and me regarding the above letter.
This is not a refusal to pay, however I do not wish to waive or fail to exercise any rights and protections I may have under the laws of this country.
While checking my mail on the evening of March 9, I found a hastily scribbled note taped to my mailbox which you apparently left there sometime during the day. It read: “16 Courtleigh Drive David or Cathy [sic] please call 209-xxx-xxxx. This is important” Two voicemails were left at that number and then you called us back.
You ominously said that after March 11, “collection action would move forward” (or words to that effect) if I had not made arrangements to pay. I stated that 30 days from my receipt of your letter had not elapsed by March 11 and that I was disputing the debt, as is my right under the Federal Fair Debt Collection Practices Act (hereinafter referred to as FDCPA).
I attempted to clarify when the 30-day period for my lawful response began, since I have to date received two almost identical letters from DCS, except one dated Feb. 16 has the name “Hal Cox” printed on it and another dated Feb. 25 has your name printed on it.
You made various assertions and claims that are not in evidence, among them that I had not met “my obligations” and that a tax lien was due and owing. I stated no such lien exists, only the notices recorded in violation of law by the county clerk. I replied that I cannot be deprived of property without due process of law and that I have never received due process, further that the GADOR has to date denied all administrative remedies that I have attempted to exercise.
You expressed disbelief that I had actually answered any letters from DCS. You insinuated I was lying when I said I had responded in writing. I have retained a postmarked receipt of my March 8 reply and will rely on that until I have received the signed green card back from your agency.
You said I had “already received due process.” I stated due process means a hearing before a judge in a court of competent jurisdiction and I have never had any such thing. I also stated that the fifa’s you referred to were defective, that there was no judge’s order attached to them. Further, there is no writ of execution or abstract of judgment filled in on the backs of the fifa’s simply because no such hearing has ever taken place. The notices you refer to are simply demands for money to which no judicial process has ever attached. They are prima facie fraudulent, deceptive and defective.
You said, to wit, that if I asked for validation, “all we will send you is a copy of the fifa’a I said the FDCPA says verification means a judge’s order or a sworn statement from an officer of the firm alleging the debt.
You said I could “settle this voluntarily today or involuntarily” after March 11; however you did not explain how your verbal threats, intimidation and harassment over the phone trying to coerce money out of us could constitute anything remotely considered “voluntary” on our part.
I reminded you that both letters from DCS, Inc., have on their reverse an “Important notice of rights” which says in part:
“Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification.”
I reminded you 30 days has not expired since I received the letters, and that I had already sent reply by certified mail demanding validation of the alleged debt, AS BOTH LETTERS FROM YOUR FIRM STATE I HAVE THE RIGHT TO DO. Thus you are again noticed that I am disputing this alleged debt. I said if DCS moved forward with collection without providing me verification of the alleged debt that there would be serious consequences. I will definitely file suit naming the GADOR and DCS, Inc., for violation of the Federal Fair Debt Collection Practices Act and numerous other violations of my rights and state law, as well as intentional infliction of emotional anguish on my family and me.
I certify that I have sent this letter through the U.S. Postal Service and have retained a copy. I also certify that all statements contained herein are true and correct to the best of my knowledge.