Notice Debt Valid For Discovery - Child Support

AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY From: as man, Matthew Mack Kinard, Authorized Representative In Full Life, In Propria Persona, Sui Juris All Rights Reserved: U.C.C.1-207/1-308; U.C.C.2-207/1-103.6 [c/o 11800 W 73rd Place] Arvada, via Colorado Republic Zip Exempt [80005] Non-Assumpsit via United States Republic, Continental, North America Non-Domestic, Non Resident, via united States Mail without the United States corporation

I DO NOT CONSENT TO CHILD SUPPORT SLAVERY OF PRIVATE CORPORATIONS OPERATING ILLEGAL AGAINST MY UNALIENABLE RIGHTS OF FREEWILL CONSENT, AS MAN IS CREATED EQUAL IN THE IMAGE OF HIS UNIVERSAL GOD.

To: SHERIFFS COMMISSIONERS/COMMISSIONERS of Child Support Enforcement Agency

To: DIRECTOR OF CHILD SUPPORT

To: ADMINISTRATIVE CLERK

To: DIVISION OF CHILD SUPPORT ENFORCEMENT AGENCY

To: Domestic Relations District Court

To: CHILD SUPPORT ENFORCEMENT

To: Equifax Information Services LLC P.O. Box 740256 Atlanta, GA 30374 To: Experian P.O. Box 4500 Allen, TX 75013 To: Transunion P.O. Box 1000 Chester, PA 19016

1 All Natural Rights “Explicitly” Reserved “Without Prejudice”

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AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY THIS ENTITY MUST PROVIDE PROOF IT IS ACTING LAWFUL BY PROVIDING TRUE COPIES OF THE FOLLOWING VALIDATING TITLE IV-D DEBT OR IT IS COMMITING A FRAUD AND CONCEALING IT’S ILLEGAL FRAUDULENT COLLECTIONS PRACTICES TO DEPRIVE PROPERTY RECEIVED FEDERAL FUNDS UNDER 42 USC SECTION 658A 1. IS THIS A CONSUMER DEBT OR COMMERCIAL DEBT? WHEREAS I UNDERSTAND IT ALL CONSUMER DEBT FALL UNDER FAIR DEBT COLLECTION PRACTICES ACT 2. IS THE COLLECTION OF THIS ALLEGED CHILD SUPPORT DEBT REPAYMENT OF A LOAN AS PART OF THE FEDERAL OFFSET? WHEREAS I UNDERSTAND IT, I HAVE NOT SIGNED A DOCUMENT THAT AUTHORIZED A LOAN FOR ANYTHING REQUIRING REPAYMENT OR COLLECTION PRACTICES FOR DELINQUENCY OR TO OFFSET THIS ALLEGED DEBT. Administrative offset- The process of withholding all or part of an administrative (non-tax related) payment that is paid by the federal government to a person or entity that owes an outstanding delinquent non-tax debt to the government, and applying the funds to reduce or satisfy the debt. http:www,acf.hhs.gov/sites/default/files/programs/css/child support glossary.pdf 3. A VALIDATION OF A CONTRACT EXTENDING CREDIT TO A Man, Matthew Mack Kinard FOR CHILD SUPPORT UNDER TITLE IV-A REQUIRING TITLE IV-D COLLECTION OF A DEBT BY CHILD SUPPORT COLLECTION FOR A BREACH OF CONTRACT BY THE ALLEGED DEBTOR. 4. VALIDATION OF EVIDENCE THE STATE UNDER 42 USC SECTION 654(B) IS PROVIDING FOR THE CHILD OR CHILDREN FOR SUPPORT IS BEING COLLECTED IS RECEIVING STATE BENEFIT (B) enforce any support obligation established with respect to – (i) a child with respect to whom the State provides services under the plan; or (ii) the custodial parent of such a child; 5. PROOF OF A VALID COURT ORDER BY PROVIDING THE NAME OF THE ISSUING JUDICIAL OFFICER AS REQUIRED IN THE BOX ON INCOME WITHHOLDING ORDER, NAME OF CLERK WHO SIGNED AND ENTERED COURT ORDERED MONEY JUDGMENT FOR SUPPORT AS REQUIRED BY 28 USC 1691 AND PROOF OF A MONEY JUDGEMENT FOR ARREARS WITH CLERKS OFFICE AS REQUIRED BY LAW [ A DEPUTY CLERK IS NOT A JUDICIAL SIGNATURE AND ANY DOCUMENT SIGNED BY A DEPUTY CLERK IS VOID FOR NOT COMPLYING WITH LAW UNDER UNITED STATES CODE 28 USC SECTION 1691 PURSUANT – [Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 hn. 1 9th Cir. 1968], WHEREAS I UNDERSTAND IT, PURSUANT THE GLOSSARY OF COMMON CHILD SUPPORT TERMS A SUPPORT ORDER WAS CREATED BY ADMINISTRATIVE PROCEDURES AND NOT BY A COURT OF COMPETENT JURISDICTION, WHICH IS A BLATANT VIOLATION OF SEPARATION OR POWERS DOCTRINE A BLATANT VIOLATION 0F DUE PROCESS OF LAW CLAUSE UNDER 14TH AMENDMENT AND IS A CONSPIRACY AGAINST RIGHTS A TRESPASS UPON RIGHTS UNDER 18 USC SECTION 241. Administrative Procedure A method by which support orders are made and enforced by an executive agency rather than by courts and judges. 6. VALIDATION OF TITLE IV – A/IV- D LOAN/DEBT IS LAWFULLY REQUIRED UNDER FAIR DEBT COLLECTION PRACTICES ACT OR FDCPA UNDER 15 USC SECTION 1692(G)(C) WHEREBY THIS ENTITY MUST PROVIDE EVIDENCE UNDER 45 CFR § 302.50 [Assignment of rights to support] AND UNDER 42 USC SECTION 406 [42 U.S. Code § 406 – Representation of claimants before Commissioner(s)] THE CREDITOR ASSIGNED RIGHTS TO STATE REQUIRING DEBT COLLECTIONS FOR REPAYMENT OF SERVICES UNDER STATE WELFARE PROGRAM.

2 All Natural Rights “Explicitly” Reserved “Without Prejudice”

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AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY 7. FURTHER, THIS ENTITY CANNOT RELY UPON A CLAIM THAT A COURT ORDER IS ORDERING A Man, Matthew Mack Kinard TO MAKE PAYMENT OF CHILD SUPPORT UNLESS THIS COURT ORDER IS A COMPLETED SEAL OF TESTE PROCESS IN ACCORDANCE WITH 28 USC SECTION 1691 WHICH READS… “All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof ”. FURTHER, THE COURTS HAVE HELD THAT ANY WRIT COMING FROM A COURT MUST HAVE A JUDICIAL SIGNATURE OR IT IS VOID FOR LACK OF JUDICIAL SIGNATURE. [ Scanbe Mfg. Co. v. Tryon, 400 F. 2d 598 “the injunction signed only by a deputy clerk of the District Court is void “ for want of a judicial signature. Section 1691of Title, U.S.C.” ] WHEREAS I UNDERSTAND IT, PURSUANT THE GLOSSARY OF COMMON CHILD SUPPORT TERMS A SUPPORT ORDER WAS CREATED BY ADMINISTRATIVE PROCEDURES AND NOT BY A COURT OF COMPETENT JURISDICTION, WHICH IS A BLATANT VIOLATION OF SEPARATION OF POWERS DOCTRINE, WHICH IS A BLATANT VIOLATION OF DUE PROCESS OF LAW. 8. CLUSE UNDER 14th AMENDMENT AND IS A CONSPIRACY AGAINST RIGHTS A TRESPASS UPON RIGHTS UNDER USC SECTION 241. Administrative Procedure a method by which support orders are made and enforced by an executive agency rather than by courts and judges. http://www.acf.hhs.gov/sites/default/program/css/child support glossary.pdf 9. ALL LAWS PROTECTING EMPLOYEE(s) FROM LAWSUIT ARE UNDER PRESUMPTION THE EMPLOYEE(s) ARE COMPLYING WITH THE UNITED STATES CONSTITUTION WHEREBY ANY ACTION IN VIOLATION REMOVES QUALIFIED OR JUDICIAL IMMUNITY UNDER A UNITED STATE SUPREME COURT DECISION SCHEURER V RHODES [ Scheuer v. Rhodes, 416 U.S. 232 (1974) “ when a state officer acts under a state law in a manner violative of the Federal Constitution, he/she comes into conflict with the superior authority of that Constitution, and he/she is in that case stripped of his official or representative character and is subjected in his/her person to the consequences of his/her individual conduct. The state has no power to impart to him/her any immunity from responsibility to the supreme authority of the United States”.] 10. A Man, Matthew Mack Kinard IS DEMANDING A TRUE COPY OF A COURT ORDER COMPLETE WITH JUDICIAL SIGNATURE AND ENTRY BY THE CLERK IN ACCORDANCE WITH 28 USC SECTION 1691, WHEREBY THIS ENTITY CANNOT CLAIM A SUPPORT IS A COURT ORDER AND A SUPPORT ORDER CANNOT CREATE AN OBLIGATION TO A DEBT, THEREFORE IS NOT A DEBT WHEN THERE IS NO EVIDENCE OF A COURT ORDER ! “ Holding that an obligation to pay arising out of a court order was not an FDCPA “debt” Knight v. Superior Court of N.J. Law Div,. No. 12-3827 ( 3d Cir. Feb, 7 2013) 11. THEREFORE THIS CHILD SUPPORT COLLECTION ENTITY CANNOT RELY UPON AN OBLIGATION TO PAY ARISING OUT OF A COURT ORDER UNTIL IT PRODUCES A TRUE COPY OF A LEGALLY ENFORCEABLE COURT ORDER SIGNED BY A CLERK OF THE COURT AND NOT DEPUTY CLERK OR ANY OTHER CLERK EMPLOYEE FOR THIS RENDERS THE SUPPORT ORDER VOID FOR FAILURE TO FOLLOW DUE PROCESS UNDER SEALE AND TESTE OF PROCESS UNDER 28 USC SECTION 1691. 12. A Man, Matthew Mack Kinard IS GUARANTEED BU THE STATE OF Matthew Mack Kinard AND UNITED STATES CONSTITUTION A PROTECTION AGAINST UNLAWFUL PRACTICES FROM STATE AND FEDERAL EMPLOYEE VIOLATING THESE RIGHTS CAN SHALL BE HELD PERSONALLY WITHOUT 11TH AMENDMENT IMMUNITY TO ANSWER FOR TRESPASS UPON RIGHTS [ cf. 42 USC SECTION 1983 ] BY ACTING UNDER OR ENFORCING A STATE LAW OR STATUTE THAT COMES INTO CONFLICT WITH INALIENABLE RIGHTS GUARANTEED BY THE SUPERIOR LAW OF THE LAND, THE UNITED STATES CONSTITUTION AS HELD BY THE UNITED STATES SUPREME COURT IN [ Scheuer v. Rhodes, 416 U.S. 416 232 (1974) “when a state officer acts under a state law in a manner violative of the 3 All Natural Rights “Explicitly” Reserved “Without Prejudice”

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AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his/her person to the consequences of his individual conduct. The State has no power to impart to hm/her any immunity from responsibility to the supreme authority of the United States”.] 13. 15 U.S. CODE § 1691g – 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 thrity-day period described in subsection (a) 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. Collections activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor. (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.(d) Legal pleadings a communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a). (e) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq], or any provision of Federal or State law relating to notice of data breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 14. A man, Matthew Mack Kinard with unalienable rights guaranteed by United States Bill of Rights is hereby notifying and requiring the child support enforcement agency to comply with the laws in accordance with the United States Constitution whereby any efforts taken without following the due process clause against unlawful seizure of property is illegal unless the Title IV-D Collection Agency follows due process by presenting evidence of a contract with my wetinked signature allowing court to issue a warrant signed and issued by a judicial actor within the judicial branch of state and federal government sitting and holding office inside a court of proper jurisdiction. NON JUDICIAL ACTORS PRESIDING OVER EXPEDITED PROCESSES FOR SUPPORT ARE NOT JUDGES AND PURSUANT DUE PROCESS OF LAW REQUIRES THE JUDICIAL REVIEW AND CONFIRMATION BY A JUDGE AND SIGNATURE AND ENTRY BY CLERK AS REQUIRED BY 28 USC SECTION 1691 [ALL WRITS REQUIRE JUDICIAL SIGNATURE] WHEREBY ANY SUPPORT ORDER WITHOUT THE REQUIRED JUDICIAL OF A CLERK AND JUDGE VIOLATES DUE PROCESS AND IS A VOID JUDGEMENT WITHOUT ANY LEGAL FORCE AND WHEN USED TO DEPRIVE PROPERTY IS A FORGERY AKA INCOMPLETE WRITTEN INSTRUMENT AND IS A VOID JUDGEMENT WHICH CAN BE ATTACKED AT ANY TIME ! 1. The alleged 30 day period does not apply due to support order being a void judgement created with following due process. [A judgement may not be rendered in violation of constitutional protections The validity of a judgement 4 All Natural Rights “Explicitly” Reserved “Without Prejudice”

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AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY may be affected by a failure to give the constitutionally required due process notice and an opportunity to be heard. Earle v. McVeigh, 91 US 503, 23 L Ed 398. 2. A non-judicial actor commonly referred to as support magistrates, assistant district attorneys’, hearing officers, ect, is not to be confused with a judge. This non-judicial actor the presiding officer conducting expedited processes aka support proceedings in accordance with 45 CFR 303.101 is not authorized under the law to issue warrants OR SUPPORT ORDERS to seize property therefore any SUPPORT ORDERS sent to a Title IV- D COLLECTION AGENCY IS WITHOUT LEGAL FORCE AND CANNOT AUTHORIZE THIS TITLE IV-D COLLECTION AGENCY TO SEIZE PROPERTY FOR THIS IS A VIOLATION OF THE 4TH AMENDMENT IN THE BILL OF RIGHTS. 3. Income Withholding Orders are required by law 28 USC section 1691 to have judicial review and judicial confirmation before being sent as a warrant to an employer or banking institution, or the IWO is by the letter of law an incomplete written instrument AKA Forgery. Forgery is a crime. Does the Title IV-D Collection Agency condone criminal actions as part of collections practices? 4. You are hereby notified and required to take corrective action or face the full weight criminal justice and civil punitive action. Under Fair Debt Collection Practices Act 15 USC section 1692(g), a man,Matthew Mack Kinard requires immediate validation of a debt by child support enforcement agency a third party debt collector for he/she admits no liability to a debt for child support by this debt FAIR DEBT COLLECTION PRACTICES ACT 15 USC SECTION 1692(g) REQUIRES VALIDATION OF DEBT REQUIRING A DUTY TO RESPOND AND FAILURE TO RESPOND IS EQUATED WITH FRAUD WHEN HAVING THE DUTY TO DO SO 1. This validation of debt is exactly that, a validation of this alleged debt this Title IV-D Collection Agency is alleging and a response by issuing an accounting summary or a support order without judicial signature is not physical evidence of a man, Matthew Mack Kinard wet-inked signature on a Title IV-D Loan as a true validation of debt. 2. States accepting loans Federal Government cannot pass the debt from this loan onto men and women who are not parties to this states loan, which is precisely what child support agencies are doing by collecting debts from private people for loans paid to the state from the federal government. 3. Presumptions of debts without validation evidence is unlawful by insinuating guilt by calling a man, Matthew Mack Kinard an obligor, payor and non- custodial parent without proof of a loan is prohibited until a validation, until a validation of a consumer debt is proven by the physical evidence of wet-inked signature by a man, Matthew Mack Kinard for a contract for Title IV-D loan for child support paid by the State of Matthew Mack Kinard under 42 USC sec 606 Federal loans for state welfare programs . 4. The validation of debt by proof of a loan is the only time authorizing Title IV-D collections services by the State of Ohio child support enforcement agency under 42 USC sec 406 [(A) In the case of a claim of entitlement to past-due benefits under this subchapter, if –(I) an agreement between the claimant and another person regarding any fee to be recovered by such person to compensate such person for services with respect to the claim is presented in writing to the Commissioner(s) of Social Security prior to the time of the Commissioner(s) determination regarding the claim,]

REFUSAL TO COMPLY IS CONSISTENT WITH FRAUD 5 All Natural Rights “Explicitly” Reserved “Without Prejudice”

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AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY Refusal to comply with this validation of debt is an intentional act of silence and silence when having the lawful duty to act is consistent with fraud and consistent with the following federal crime under title 18. 18 U.S. Code § 241- Conspiracy against rights “ If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the act committed in violation of this section or if such acts kidnapping aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death”.

18 U.S. Code §1341 – Frauds and swindles “Whoever, having devised or intending to devise any scheme to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimidated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or article or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or cause to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both”.

CEASE AND DESIST COLLECTION PRACTICES UNTIL PHYSICAL EVIDENCE IS SHOWN BY VALIDATING PROOF OF A DEBT You have fifteen (15) days from receipt of this notice to respond and show proof that man, Matthew Mack Kinard applied for said state loan and must cease and desist collection of this alleged debt until validated and proof of a legally enforceable court order is produced. Taking property for an alleged debt without evidence of an agreement for a loan is a crime, not an error, not a mistake, but a crime. Crimes result in arrest and prosecution and any sheriff or policy enforcer tha may refrain from taking a criminal complaint will be held to answer in civil court for concealment of a crime and failure to prevent harm under 42 USC sec 1986. A civil complaint against a law enforcement officer and police/sheriff department for failure to take a complaint and investigate allegations of crimes against persons working in Title IV-D child support enforcement agency will intimately result in a change in policy where the police or sheriff departments will be forced to take necessary law enforcement action, which is arrest and prosecution of employees depriving property under the guise of collecting debts that do not exist.

SILENCE IS UNACCEPTABLE UNDER LAW 6 All Natural Rights “Explicitly” Reserved “Without Prejudice”

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AFFIDAVIT OF FACT – WRIT IN THE NATURE OF DISCOVERY Your silence is unacceptable, and your silence will be taken as admission there is no consumer liability for debt under Fair Debt Collection Practices Act 15 USC section 1692(g) THE FOLLOWING IS REQUIRED 1. TRUE COPY LEGALLY ENFORCEABLE COURT ORDER CONTAINING JUDICIAL SIGNATURE IN ACCORDANCE WITH 28 USC SECTION 1691 FOR WITHOUT A COURT ORDER FOR SUPPORT THIS IS A DEBT UNDER FDCPA 2. WITHOUT A TRUE COPY OF COURT ORDER THE ALLEGED DEBT MUST BE VALIDATED IN ACCORDANCE WITH FDCPA 15 USC SECTION 1692(G) 3. TRUE COPY OF ASSIGNMENT OF RIGHTS BY CUSTODIAL PARENT TO STATE MAKING THE STATE THE CREDITOR

This Affidavit is dated _______________________ A.D. From: as man, Matthew Mack Kinard, sui juris, __________________________________ All Rights Reserved: U.C.C.1-207/1-308; U.C.C.2-207/1-103.6 [c/o 11800 W. 73r Place] Arvada, via Colorado Republic Zip Exempt [80005] Non-Assumpsit via United States Republic, Continental, North America Non-Domestic, Non Resident, via united States Mail without the United States corporation®

Jurat/ Acknowledgement

Colorado Republic

)

__________________ county ) Date:__________________ Signed: _____________________________________ Commissioned Notary - Witness

Printed: _____________________________________

Notary Seal

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