affidavit, debt validation to IRS, debt vallidation Title 15, demand for assessment by IRS, Demand to Cease for IRS, desist abusive practices IRS, Internal Revenue Service remedy, IRS remedy, IRS territorial jurisdiction, letter of demand, Marque and Reprisal, private IRS, Title 15
(Blog Masters Note:
I apologize to my readers for the delay in posting. I was a necessary delay for reasons of the heart. I have been dating, and will probably not post until after the holidays. This is a happy time for me. Happy Holidays!!!
§ 1692g. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
§ 1692h. Multiple debts
If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer’s directions.
§ 1692i. Legal actions by debt collectors
Any debt collector who brings any legal action on a debt against any consumer shall—
(1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity—
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.
§ 1692j. Furnishing certain deceptive forms (a) Venue
(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter
§ 1692k. Civil liability
(a) Amount of damages
Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of—
(1) any actual damage sustained by such person as a result of such failure;
(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.
(b) Factors considered by court
In determining the amount of liability in any action under subsection (a) of this section, the court shall consider, among other relevant factors—
(1) in any individual action under subsection (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector’s noncompliance was intentional.
A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
(e) Advisory opinions of Commission
No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
§ 1692l. Administrative enforcement
(a) Federal Trade Commission
Compliance with this subchapter shall be enforced by the Commission, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another agency under subsection (b) of this section. For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act [15 U.S.C. 41 et seq.], a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
(b) Applicable provisions of law
Compliance with any requirements imposed under this subchapter shall be enforced under—
(1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], in the case of—
(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a)  of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.], by the Board of Governors of the Federal Reserve System; and
(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation;
(2) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;
(3) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by the National Credit Union Administration Board with respect to any Federal credit union;
(4) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board;
(5) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part; and
(6) the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary of Agriculture with respect to any activities subject to that Act.
The terms used in paragraph (1) that are not defined in this subchapter or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).
(c) Agency powers
For the purpose of the exercise by any agency referred to in subsection (b) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection (d) of this section.
(d) Rules and regulations
Neither the Commission nor any other agency referred to in subsection (b) of this section may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this subchapter.
§ 1692m. Reports to Congress by the Commission; views of other Federal agencies
(a) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Commission under section 1692l of this title.
(b) In the exercise of its functions under this subchapter, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.
§ 1692n. Relation to State laws
This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.
§ 1692o. Exemption for State regulation
The Commission shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.
name and address
certified mail number ________________________
Linda E. Stiff, # ,
AgentName, # , IRSTitle,
c/o LINDA E. STIFF,
Acting Commissioner of Internal Revenue
Internal Revenue Service
1111 Constitution Avenue, NW
Washington, D.C. 20224
AgentName, #, IRSTitle
City, State Zip
Notice of Demand for Verified Assessment for Year 20–,
account # 000- 00- 0000;
Demand to Cease and Desist Abusive Collection Practices
Commissioner of Internal Revenue; Agent Name; To Whom This May Concern:
Commissioner, et al., “You” are herein demanded by the undersigned to verify that You, and Your delegates’, collection activities and performances are within Your official duties as the officer or employee or assignee of the United States Government; and specifically, 2) You are demanded by the undersigned to cause to be prepared and produced to the undersigned written verified assessment(s) concerning all alleged or presumed liability and thereby, outstanding debt for any and all taxable years currently in question re account # 000- 00- 0000, including, but not limited to, calendar year 20–; and, 20–) You are hereby noticed: You are not authorized to present yourself, or cause your delegate to take the liberty to appear at My dwelling(s) or work place(s) as such practice gives cause to intimidate Me, causes Me to suffer undue duress and distress and is absolutely unnecessary. Such presumptive and thereby, summary liberties are by their nature, abusive collection practices and recognized as such pursuant to U.S. federal and Oregon state law. 3) You are herein noticed that until You have duly provided to Me the herein referenced verified assessment(s) for any and all alleged liability and therefore alleged debt that all further activity by You or Your delegates, including, but not limited to, failed reimbursement of prior under color collections having not been verified by assessment, or the continued abuse of the collection process pursuant to Title 15 of an unverified liability or debt, is willful and abusive practice and categorically willful and direct violation of U.S. federal law and Oregon state law; and, 4) You are noticed that henceforth, I authorize Youto contact Me only by mail at the mailing address above; and, 5) You have 30 business days to act in accordance with this demand requiring substantive due process pursuant to Title 15 and in accordance with the Fair Debt Collection Practices Act.
I anticipate Your timely cooperation in remediation of the aforesaid alleged liability(s) and debt(s), the immediate cessation of abusive practices by You and Your delegates, and the appropriate prompt return of all personal property plus interest.
Notice to agent is notice to principal; notice to principal is notice to agent.
cc: (name), Acting Attorney General, U.S.
(name), Arizona Attorney General
(name), Director Arizona Department of Revenue
(example for Arizona)
Here is the affidavit I am sending.
By VERIFIED DECLARATION
(notary seal) ) ss
For: Whom it may concern: In the Matter for Your Name Here, including any and all derivations and variations in the spelling thereof.
WHEREAS, the public record is the highest form of evidence, I, Your Name Here, am hereby timely creating for the public record by this Affidavit and by Verified Declaration within in the jurisdiction of (state) republic and the united States of America.
PLAIN STATEMENT OF FACTS
1. Fact: I, Your Name Here, have not seen or been presented with any substantive ofer of proof or evidence which demonstrates that, primarily, the entity known as the INTERNAL REVENUE SERVICE is anything other than a foreign entity, having its origin and headquarters in the territorial jurisdiction of the territory of Puerto Rico and thereby, being nothing more, than a mere rogue collection agency employing agents to operate in the nature of privateers , while at all times, said agents are encouraged to presume to employ collection/prize measures in the form of Marque and Reprisal i.e. pillage and plunder in the said agent’s private and thereby, personal capacity for the express purpose to unjustly enrich themselves;
2. Fact: I, Your Name Here, have not seen or been presented with any substantive offer of evidence which demonstrates the entity known as the INTERNAL REVENUE SERVICE is in fact, a registered entity, not to be confused as the corporation registered in the State of Delaware circa 1933, and firmly believe that the said INTERNAL REVENUE SERVICE cannot in fact, make a valid offer of proof of its substantive existence other than a private entity;
3. Fact: I, Your Name Here, have not seen or been presented with an offer of proof of verifiable evidence which demonstrates that the INTERNAL REVENUE SERVICE is anything other than a wholly private entity presuming to act under color of law while at all times, masquerading as a duly authorized government taxing agency for enforcement and collection purposes;
4. Fact: I, Your Name Here, have not seen or been presented with an offer of proof, that any verifiable evidence is available to demonstrate, the INTERNAL REVENUE SERVICE is exempted to comply with the letter of law re Title 15 chapter 41 subchapter V § 1962;
(Blog Master’s Note: the Affidavit continues and I will pick up at this point)