What is the name of your state? California
At one time I owed some back support to my former wife, along with a $4000 debt to the State of California for public assistance my wife received at one time.
Last spring I reached a private agreement to settle the support obligation with my wife. Since I was living in Las Vegas, Nevada at the time, that agreement was made official by a Clark County District Court Order. That Order set the obligation to the State of California at $4000 payable at $200/month. Payments were to be made directly to Clark County, but were collected on behalf of Orange County, California. Purportedly, Orange County would disburse funds to the State of California.
I had been making regular $200 payments for four months (total of $800) when the State of California suddenly started threatening radical collection action against me. They were demanding $3600, while the actual balance owed was only $3200. I communicated with the State but they said they had only received $400 of the $800 I was alleging I had paid. While I felt extorted, I borrowed $3600 against a credit card account and paid the State in full, thereby avoiding any collection action. I assumed that we would eventually find the discrepancy and I would get a refund.
It has taken me quite a while to create a solid paper trail to the missing $400, but I finally tracked it down to Orange County. In a letter I received today, they admit that during the first two months following the entry of the Order they sent two $200 payments ($400 total) to my former wife. For their defense, they claim that they weren't aware of the new order for two months. From the tone of the letter, they apparently don't feel that the misdirected $400 is their problem.
Evidently California wasn't guilty of extortion, at least not knowingly, and they did apparently tell the truth about only receiving $400 of the $800 I paid. My problem is with Orange County.
If Orange County and/or Clark County have internal problems that prevent them from communicating about a Court Order for two months, I really don't see that as my problem. Likewise, what they do with the payments I make is not my concern. My only concern is to meet my obligations under the Order, which I did. If Orange County gave the payments away to the wrong party then that shouldn't increase my obligation. I feel that I deserve $400 from the party who misdirected the funds -- Orange County.
The question now is what I should do about it. Should I contemplate a small claims action? Do I normally have to appear in person to collect a debt like this? Am I just screwed for $400? Is there a downside to pursuing this debt? Would Clark County (either the Court or the DA's office) be likely to help me on this issue?
At one time I owed some back support to my former wife, along with a $4000 debt to the State of California for public assistance my wife received at one time.
Last spring I reached a private agreement to settle the support obligation with my wife. Since I was living in Las Vegas, Nevada at the time, that agreement was made official by a Clark County District Court Order. That Order set the obligation to the State of California at $4000 payable at $200/month. Payments were to be made directly to Clark County, but were collected on behalf of Orange County, California. Purportedly, Orange County would disburse funds to the State of California.
I had been making regular $200 payments for four months (total of $800) when the State of California suddenly started threatening radical collection action against me. They were demanding $3600, while the actual balance owed was only $3200. I communicated with the State but they said they had only received $400 of the $800 I was alleging I had paid. While I felt extorted, I borrowed $3600 against a credit card account and paid the State in full, thereby avoiding any collection action. I assumed that we would eventually find the discrepancy and I would get a refund.
It has taken me quite a while to create a solid paper trail to the missing $400, but I finally tracked it down to Orange County. In a letter I received today, they admit that during the first two months following the entry of the Order they sent two $200 payments ($400 total) to my former wife. For their defense, they claim that they weren't aware of the new order for two months. From the tone of the letter, they apparently don't feel that the misdirected $400 is their problem.
Evidently California wasn't guilty of extortion, at least not knowingly, and they did apparently tell the truth about only receiving $400 of the $800 I paid. My problem is with Orange County.
If Orange County and/or Clark County have internal problems that prevent them from communicating about a Court Order for two months, I really don't see that as my problem. Likewise, what they do with the payments I make is not my concern. My only concern is to meet my obligations under the Order, which I did. If Orange County gave the payments away to the wrong party then that shouldn't increase my obligation. I feel that I deserve $400 from the party who misdirected the funds -- Orange County.
The question now is what I should do about it. Should I contemplate a small claims action? Do I normally have to appear in person to collect a debt like this? Am I just screwed for $400? Is there a downside to pursuing this debt? Would Clark County (either the Court or the DA's office) be likely to help me on this issue?
