Consumer complaint received 2024-08-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Dispute and Clarification Regarding Child Support Obligation under Title IV-D Dear XXXX County District Attorney, XXXX. I trust this letter finds you well. I am writing to express significant concerns regarding an alleged child support obligation attributed to me under Title IV-D of the Social Security Act, as reflected in my TransUnion credit report ( XXXXXXXX XXXX XXXX XXXX ). It is imperative that we clarify the legal nature of this obligation, particularly in light of the complexities I am about to outline. 

Understanding Title IV-D as XXXX XXXX : Title IV-D obligations are inherently XXXX XXXX, a XXXX term meaning from a contract. This legal distinction is crucial, as it underscores that the obligation to provide child support arises not from a statutory duty but from a contractual agreement. According to XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), obligations that are contractual in nature, such as those falling under Title IV-D, must be enforced under the same principles governing contracts. This includes the necessity of a meeting of the minds, mutual consent, and considerationelements that are essential for the formation of a valid and enforceable contract. 

Furthermore, it is critical to recognize that when the government intercepts funds to satisfy a debt and only then provides any remaining amounts to the child, this undermines the intent of the child support system. Such actions suggest that the primary interest served is that of the state, not the child, which raises serious questions about whether a legal duty of support truly exists in this context. 

Given this, any enforcement action, including but not limited to contempt of court proceedings, must align with the true nature of the obligation as a commercial debt arising from a contract. The failure to establish that a valid contract exists could render any enforcement actions invalid and potentially unlawful. 

Legal Duty vs. Contractual Obligation : It is paramount to differentiate between a legal duty imposed by law and a contractual obligation voluntarily assumed by the parties. In XXXX XXXX Department of Social Services, 452 U.S. 18 ( 1981 ), the Supreme Court emphasized that the right to due process is fundamental in proceedings where the government seeks to deprive an individual of a liberty interest. If there is no valid contract with a wet signature to establish my obligation, any attempt to enforce payment through legal means would violate my constitutional rights under the Fifth and Fourteenth Amendments.

Additionally, under the Uniform Commercial Code ( UCC ) 3-401, a party is not liable on an instrument unless they have signed it. Without my signature on any document evidencing a child support obligation, there is no valid or enforceable debt. Thus, any collection actions or reports to credit agencies may violate federal laws, including the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ).

Request for Validation and Cease and Desist : Pursuant to my rights under the FDCPA, 15 U.S.C. 1692g, I formally request validation of the debt, including any and all documentation you have relied upon that bears my wet signature, which purportedly binds me to this obligation. If such documentation does not exist, as I believe to be the case, then this alleged debt may be classified as fraudulent. In such an event, I reserve the right to report this matter as identity theft under 18 U.S.C. 1028.

Additionally, I invoke my rights under 15 U.S.C. 1692c ( c ) to demand that you cease and desist from any further communication with me regarding this matter, whether by mail, telephone, electronic means, or otherwise, except for the sole purpose of providing the requested documentation or confirming that this matter has been resolved in my favor.

Conclusion : In light of the aforementioned legal principles and statutes, I ask that you immediately cease all collection efforts related to this alleged debt, remove any negative information reported to credit bureaus, and refrain from any future attempts to enforce this invalid obligation. I am prepared to defend my rights vigorously and pursue all available legal remedies if these requests are not met promptly.

Please respond within 30 days with the requested documentation or confirmation of the debts invalidity. You may contact me at XXXX for any additional inquiries. 

Thank you for your attention to this urgent and important matter. 

Sincerely, XXXX XXXX XXXX