DCSS and their Dastardly Deeds

Once again the over-armed and under-informed DCSS rears its ugly head. I learned today that DCSS is claiming that I owe nearly $3000 in overdue support for which they have issued a demand for the release of the lien that they have placed on my house which is being sold by court order. Where they found such a number I have no clue and they certainly have not produced any such number in the various monthly accounting statements mailed to me. But as I learned earlier this year, when they siezed a portion of my tax refund, they are well armed with an array of extra-judicial powers (would you give a child a sack of hand grenades or a machine gun? then why give confiscatory powers to an organization that can't hire competent accountants?).

But I digress ....

Once before I faced their attorneys in court and thought that after going through the process of a judicial accounting this problem was resolved. Well, I knew that they would continue their improper monthly accounting scheme, which combined with my biweekly wage assignment, leads mathematically to a shortage every 5 of 6 months (which accounted for the automatic confiscation of about $200 of my tax refund ... which I was told would be return to me upon my child's emancipation!) but that could in no way produce such a large lien demand. The maximum shortage under their default accounting scheme is only one half of one month's support payment. And in this case, that maximum is already reduced by a further $200 that they have already seized.

What to do? Submit an ex parte motion for injunctive relief pending an order to show cause? Punitive damages should really be awarded. Anyone who seizes a chunk of your house should really have their numbers in order. This is inexcusible.

Previously I succeeded in obtaining a stay of enforcement pending the outcome of the aforementioned determination of arrearage (or lack there of).

Laymans guess--as a unit of government they can rest safely behind a wall of soverign immunity for acts of pure stupity or nearly anything but outright violations of law outside the scope of the persons authority to act. Which I doubt apples here)

What punative damages--we want DCSS to file liens to get CS collected--cannot have it both ways.

Remember --some DCSS folks are probably under paid and over worked --while others may do very little work and the were hired for reasons other than merit....they probably excell at covering own tail.

Bottom line you bear practical burden to completely unwrap the lien and accounting issues.

Of course the burden rests on me; that is the way that the system is set up. But that takes court time and the time and expense of DCSS attorneys, too, which I would think would be more expensive than hiring qualified accountants. In CA the courts are already closing the third Wednesday of every month just to save money.

We went through this whole mess once before so that I could prove in court that ex received every payment that she was owed. I don't mind going through it again. I just think that there should be some inducement placed upon the DCSS to stop harrassing people that are in full compliance.

The shocking thing is that they KNOW that they are collecting more than is owed. They just don't want to correct established policy (and I am supposed to be content to get a refund when their "services" end). I doubt that they will be paying me any interest while they hold my money.

I should say that they are not entirely sovereignly immune. My assertion two years ago that their attempt to collect on a fictitious and contested arrearage was a conspiracy to deny my constitutional right to due process succeeded in my being granted a stay of their enforcement actions pending the outcome of a hearing to determine arrearage.

OK, so the story out of DCSS is that the sum demanded is achieved at by adding one month's obligation to the present day's balance (which does not account for payments arriving later in the month). That is according to their "rule book". Oddly enough, that is supposed to represent money that is "past due" based on future projections assuming non-payment(!!!).

[If only the IRS could hire some of these people, the budget deficits would be eliminated]

So, I would like to solicit thoughts on taking action ex parte requesting a stay of collection pending an order to show cause. The intent being to stop DCSS from demanding payment on their lien and be ordered to lift their lien to allow the house to be conveyed with clear title without delay as to closing (which is scheduled in about 3 wks). Or, how would you deal with this situation?

Update ....

DCSS recanted their demand. Lien will be released without payment of any sum.