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.
Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.
(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.
(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.
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opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
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.
(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.
(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.
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.
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.
cc:　(name), Acting Attorney General, U.S.
Here is the affidavit I am sending.
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.
You are great, this information is so helpful, may the Lord Bless you always.
I am still kind of in a jam, looking for a new place to live, but will try to post the rest of that when I can.
Great stuff!!! I really need part 3….
Hi James, I am extremely sorry for the delay in posting. E-mail me at dbhjtl@att.net and I will send you a complete copy attached to my reply.
i am very curious to know how your bank levy issue with the irs went, it is my understanding the irs only has authority to levy if the money in question pertains to alcohol, tobacco or firearms . The Irs agent that filed the lien should have sent the bank a copy of the code that allows the seizure of your funds and more than likely did with the exception of the first part (a), they usually leave part a out and the bank receives part b and c. Part a merely states that the irs can only do bank levies if it pertains to alcohol, tobacco or firearms, (stamp) activities, which I assume you are not involved in. Also who signed the levy authorization? The agent in question is not allowed to initiate a bank levy unless the head knocker at the collection service sends the agent a permission letter which is supposed to be granted on a case by case basis. With this imformation the bank is obligated to write the agent asking for part (a) of the code that allows the seizure and a letter of authorization which he will not be able to do. Problem solved, it worked for me.