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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? |
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wrote in message
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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