Shat  terd

Men 

The hidden half of domestic violence

How to have eternal life

Utah 

June 19, 2002                                       

Mr. O'Rielly:

I am in desperate need of help and have no where to turn other than the media.  Please consider this issue and the unAmerican treatment implemented by standard government procedure. 

My case (#C000528276) involves the Utah Office of Recovery Services (ORS), which is a division of the Department of Human Services. ORS is the child support collection agency for the state of Utah. Under this heading, it abuses not only its authority, but the law.  My case is among many that stands as an example of government extortion and breech of constitutional law.  

A lack of due process exists in standard procedure by ORS, which involves violations of both the 5^th and 14^th amendments of the U.S. Constitution.  Continual harassment is also conducted by assuming guilt without due process. 

By mere allegations, ORS proceeded, without justification and assuming guilt, to contact my employers with threatening statements to garnish my wages due to alleged back child support due.  I have made all child support payments directly to my daughter's mother the full time of our seven-year-olds’ life, as acknowledged through recent court proceedings.

ORS holds the accused accountable for their incompetence, including ignorance of the case, without following due process of the law. When I informed the ORS agent assigned to my case that my child support was paid up and that my case had been handled through Second District Court, I was told the burden of proof fell on me to prove I was not guilty of owing back child support. No hearing (due process) was provided by ORS - as thugs getting away with extortion, intimidation and harassment.  Defamation of character, as well as harassment, also took place when this state agency contacted my employers, even before contacting me (the accused). I told the ORS agent responsible that I expected letters of apology to be sent to all my employers contacted by ORS. This is a case of public taxes working against the people. 

Since ORS refused to listen to me, I referred the ORS agent to my attorney’s office.  I also contacted the FBI due to ORS’s arbitrary and unauthorized intrusion.  The FBI, strangely, referred me to the State Attorney General’s Office. The Utah State Attorney General’s Office, representing the state/ORS, merely referred me back to my attorney and refused to discuss the matter with me!  The FBI told me that they could not take action until ORS actually committed the act (garnished my wages), as in fraud cases.

After receiving all necessary documentation, ORS refused to communicate with my attorney and continued to send more of the same garnishment documents to my employers. A hearing was finally held to address ORS’s intrusion and harassment, at which time the judge found me in compliance of my child support obligations and ruled ORS out. (The hearing revealed  a miscommunication  within the court system as to when an increased amount of child support, determined at a prior court proceeding, came into effect. The judge determined, at no fault  of mine, that an amount was due that had to be deciphered by both parties, involving the deduction of my medical insurance premiums and the difference in my monthly payment amount that had been previously set.)

My attorney and I were satisfied that the matter had finally been resolved.  However, over a month after the hearing, upon being paid, I found that ORS had garnished half of my paycheck!  (Let alone not listen to my attorney, ORS refused to honor the judge’s decision.) I also contacted the County Attorney’s Office on this matter and was referred back to my attorney.  What good are laws if they can’t be enforced?  And what good are law enforcement agencies if they don’t protect the people who are being violated?  Is Utah State Government above the law?

Immediately after this garnishment took place, my attorney informed me that the ORS agent responsible said a reimbursement check was being cut the following day and sent out to me.  However, ORS did not reimburse the money stolen, but instead continued to garnish more of my wages and came up with a completely new, arbitrary and unsubstantiated amount due of over $1,500.  Whether one is guilty or not, due process is required by law to determine guilt or innocence.

I again contacted the FBI, holding them to their word, who then told me this was not a high enough priority case for them to handle.  When a law enforcement agency refuses to respond and help a victim of a criminal act, we are no longer living in America. As one Utah attorney told me, “You are no longer living in America. Get used to it.”

State agencies as ORS have the potential to destroy your career and ruin your life. This illegal action takes time away from being productive and expresses no personal regard for one’s life. Further cost is imposed by additional court costs and attorney fees necessary to acquire money that was already earned.  If one has no lawyer, then a retainer fee of at least $1,500 is usually required before any legal action can take place, likely costing more than the amount garnished (stolen). And the money garnished is needed to apply to this cost. This takes place at the same time I am making child support payments directly to my daughter's mother. And this is only effective if the agency abides by the lawyer or the court/judge‘s order. 

My mother is also trying to help me out.  On June 20, 2002, she reached a person at the U.S. Justice Department in WA DC. He informed her that the federal government no longer has jurisdiction over child support issues and that this problem now exists in all states of our country and that no one knows where this money is going. Immediately after this, the man began speaking in a lower voice and then music came on replacing his voice and that was the end of the conversation.    

Besides give the money back and be liable for a criminal act, shouldn‘t ORS be responsible for paying court costs and attorney fees?.  This financial burden places people, already stressed, into a new category and can basically destroy their lives. (In another case, a father, having his wages garnished to the point of leaving him less than a dollar from his paycheck, couldn’t make his house or car payment, and committed suicide.) Contrary to prejudiced propaganda, the system is what creates “deadbeat dads.” 

Isn't child support for the child? Ironically, I have my daughter for a month now, at which time half of my wages are being garnished and I am paying child support payments directly to her mother!

Alan Millard

Note:  I am an innocent victim who is being hunted and persecuted by this state predator (tyrant).  The State of Utah is in desperate need of funds.  Is extortion of its residents part of its plan to acquire them?

June 14, 2002

Judge Rodney Page

Second District Court

Justice Complex

800 West State Street

Farmington, Utah  84025

The Honorable Judge Page:

In reference to the Millard verses Etsitty case (#974701967), on April 2, 2002, you ruled that the Office of Recovery Services was not to be involved and that I have been compliant in paying my child support.  You may recall a descrepancy was revealed as to when an increased amount of child support, determined at a prior court proceeding, came into effect. This involved the deduction of my medical insurance premiums and a difference in the monthly payment amount that had been previously set, coming into effect November 2000. A difference due came to $78.50 with complete calculatioins submitted through my attorney's office to Michael Murphy over a month ago.

To my, and my attorney's, complete shock, ORS began garnishing half of my paycheck over a month after the hearing.  I was informed for ORS to refrain from garnishing my wages, they needed a copy of the court order.  According to my attoney, Kenlon Reeve, Michael Murphy has refused to cooperate and the court order still is not not completed and therefore unavailable for ORS.

Immediately after this garnishment took place, my attorney informed me that the ORS agent assigned to my case said a reimbursement check was being cut the following day and sent out to me.  However, ORS did not reimburse me the money taken, but instead continued to garnish more of my wages and came up with a completely new, arbitrary and unsubstantiated amount due of over $1,500!

My attorney is baffled by this, and completely ineffective in a stalling by Murphy.  This garnishment is affecting my employment, career and my ability to live. I am working part-time and paying my child support payments directly to Peggy Etsitty at the same time ORS is garnishing half of my wages! Where is this money going? I need it back. I have no one to turn to other than you whose ruling is not being heeded.  Please help me.  Thank you.

Sincerely,

Alan Millard

CC: District Attorney's Office