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Would illegally-assessed interest be a retroactive modification of a support order under 42 USC 666?



 
 
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Old April 9th 05, 08:56 PM
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Default Would illegally-assessed interest be a retroactive modification of a support order under 42 USC 666?

Folks...about a week ago, I discovered that DCSE had illegally assessed
interest to the arrearages I had accrued prior the Virginia law which
allowed 9% interest to be added on to accrued arrearages.

At the time the arrearage accrued, NO INTEREST, was permitted to be
assigned to the arrearage. On July 1, 1995, DCSE (without having gone
back to court to modify the support order) began assessing 9% interest
-- even to the arrearage accrued before the enactment of the statute.

Take my word for it in Virginia (different states allow post-judgment
interest changes differently) the change in post-judgment interest
isn't permitted unless the General Assembly provided for it to be
retroactively applied to judgments before the enactment of the law or
amended law.

Anyhow, would such an application be illegal under 42USC666, and
wouldn't you think the illegal interest would be dischargeable under
bankruptcy law?

  #2  
Old April 9th 05, 10:22 PM
Dusty
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oups.com...
Folks...about a week ago, I discovered that DCSE had illegally assessed
interest to the arrearages I had accrued prior the Virginia law which
allowed 9% interest to be added on to accrued arrearages.

At the time the arrearage accrued, NO INTEREST, was permitted to be
assigned to the arrearage. On July 1, 1995, DCSE (without having gone
back to court to modify the support order) began assessing 9% interest
-- even to the arrearage accrued before the enactment of the statute.

Take my word for it in Virginia (different states allow post-judgment
interest changes differently) the change in post-judgment interest
isn't permitted unless the General Assembly provided for it to be
retroactively applied to judgments before the enactment of the law or
amended law.

Anyhow, would such an application be illegal under 42USC666, and
wouldn't you think the illegal interest would be dischargeable under
bankruptcy law?


Well, just using commonsense (I'm not an attorney and don't profess to be
one), I don't see how 42USC666 would even apply in that scenario. The
interest was fraudulently created by the state. Also, bankruptcy wouldn't
be able to change it either, because of how it was created in the first
place.

I'd think any competent judge would be able to dismiss the interest and any
other penalties (including any increased arrears caused from the fraud)
because of the actions taken by the state and it's agents (DCSE).

I know, in my own case, a judge created an instant arrears from monies that
were not C$. But that's what he called it, C$ arrears. And he kept on
increasing C$ when I was out of work (remember the IT/stock crash of the
late '90's?) - even though I had proof that the C$ and arrears was
fraudulently created in the first place!!

This judge has since retired, and to date, I have yet to pay a dime of his
self-created arrears either... Nor will I ever pay it.


 




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