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RE: SVENSON v. KRICHEVSKY, NYS CASE# NV05003T1 OBJECTION AND DEMAND TO VACATE RESTRANING NOTICE OR EXECUTION To the Wizard behind the curtain called "KINGS County Support Collection Unit Supervisor" and/or Worker Code: AF1A: I have received a package containing, among other forms, aNOTICE TO JUDGMENT DEPTOR'OBLIGOR and EXEMPT CLIM FORM. This notice dated 08/10/12, but postage stamped on 08/16/12 from this office is confusing (Attached). There is no name and signature on this NOTICE. What is the name of the natural person that generated this NOTICE? Without a name and signature on this NOTICE, it is presumed to be a hoax, practical joke, or worse harassment. Accordingly, I treat it as fiction and nullity, and therefore return and reject it. In addition to the above, this notice must be returned as per CPLR 2101(f). This whole package does not comply with CPLR 5222-A. The text of YOUR notice is misleading and contradicts CPLR 5222-A. I run the name and address of the banking institution on the notice and came up with 1810 results on GOOGLE. As such, even if you were otherwise in compliance, I cannot be lawfully compelled to do YOUR job for YOU while YOU have been paid by ME - THE TAXPAYER. Should you attach a copy of RESTRAN1NG NOTICE that you purportedly served on this banking institution? Please take notice that I do not recognize purported debt to be valid. To the contrary, I consider it VOID FOR FRAUD UPON THE COURT and denial of constitutional right to due process by every financially incentivized and vested actor in this case, including YOU. Last year I came to your office to raise this issue, and even thought in your papers you sent me, you called me "CUSTOMER", the attitude I received from every person I met was in par with the German Nazis concentration camp workers. Enclosed additionally, find a copy of summons of my
adversary complaint against you client, Svenson. This procedure stays yours since Bankruptcy Court now holds jurisdiction. Please govern yourself accordingly.
Under Duress
66
0881122230002992
Date:
08/10/2012
AFt
KRICHEVSKY, MICHAEL
4221 ATLANTIC AVE BROOKLYN NY 11224
This package contains the following important document A Notice to Judgment Debtor/Obligor, a copy of the Restraining Notice and a Mistake of Fact and/or Exempt Money Claim Form. The notice to judgment debtor informs you that the accompanying Restraining Notice has been served upon the financial institution identified on the first page of the Restraining Notice. The Restraining Notice restrains the financial institution from transferring any property of yours that may be in the financial institutions possession. The Claim Form is provided for you to - use if you wish to assert a mistake of fact and/or exempt money claim.
Contact Information
EQc more information, or if ou have any questions, please contact the NYS
Customer Service Helpline II free at 888-208-4485, TTY 866-875-9975, 'Video e ay en, . /www.fcc.gov/cgb/dro/trs_providers.html), Monday through Friday from 8:00 AM to 7:00 PM.
000050-01-04
ovo=
0881122230002992
US GOVT MONEY MARKET FUND INVESTOR CLS P0 BOX 701 MILNAUKEE NI 53201-0701
THE JUDGMENT CREDITOR IS THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES OR MUNICIPAL CORPORATIONS, AND/OR THE DEBT ENFORCED IS FOR CHILD SUPPORT, SPOUSAL SUPPORT, MAINTENANCE OR ALIMONY.
KRICHEVSKY, MICHAEL
RESTRAINING NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE LAW AND RULES, SECTION 5222 FOR CHILD SUPPORT DEBT
ENTRY DATE
07/06/2011 07/06/2011 07/06/2011 07/06/2011
PAYMENT/FREQUENCY
$2,045.00! Monthly $0.00 / Monthly $0.001 Monthly $0.00 / Monthly
ENTRY DATE
PAYMENT/FREQUENCY
As of 08/10/2012, the total child support debt that is due and unpaid is $73,230.03. Page 1 of 2
PEXRESTRAIN...pg1 06113111
0881122230002992
TAKE NOTICE that if you withhold the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the child support debt, judgment, or order, the restraining notice is not effective as to other property or money. TAKE FURTHER NOTICE that this Restraining Notice also covers all property in which the judgment debtor/obligor has an interest hereafter coming into your possession or custody, and all debts hereafter coming due from you to the judgment debtor/obligor. TAKE FURTHER NOTICE that disobedience of this Restraining Notice is punishable as a contempt of court.
SPECIAL INSTRUCTIONS: This notice shall not be effective when Supplemental Security Income (SSI), public
assistance (welfare) including employment earnings considered in calculating the public assistance grant, or spousal support, maintenance (alimony) or child support payments are the sole basis for the property in your possession or custody; or when the account is closed and there are no other open and/or active accounts belonging to the judgment debtor/obligor in your possession or custody. If any of these conditions apply, please complete the applicable statement at the bottom of this page and return this notice to the Support Collection Unit at the address indicated at the top left-hand corner of the first page of this notice. Dated: 08/10/2012 Issued by: Supervisor KINGS County Support Collection Unit
Date:
Page 2 of 2
0881122230002992
against
KRICHEVSKY, MICHAEL Social Security Number: XXXXX-
laft
New York Case Identifier: NV05003T1 Worker Code: AF1A
ATTENTION: KRICHEVSKY, MICHAEL Respondent (Judgment Debtor/Obligor) NOTICE TO JUDGMENT DEBTOR OR OBLIGOR
Money belonging to
YOU
may have been taken or held (restrained) in order to satisfy the debt or past-due support
- which is owed and unpaid from the support order(s) entered against you and noted in the enclosed "Restraining Notice". The money may be restrained legally due to your accumulation of debt at least equal to the amount directed by your court order to be paid for two (2) months [See 18 NYCRR 346.11(b)(1)]. Read this carefully. YOU MAY ASSERT A MISTAKE OF FACT OR CLAIM THE MONEY IS EXEMPT You may assert a mistake of fact if you think you do not owe the debt or past-due support which is unpaid. You may also claim that the money is exempt from collection. Mistake of fact means that you think that we have made an error in the amount of child support debt which is owed or, in the identity of the debtor or, that the order of support does not - exist or, has been vacated. Exempt money is described on the next page. An execution will be served to seize your money unless you assert a mistake of fact or an exemption by writing to the Support Collection Unit. You may also use the enclosed "CLAIM FORM". You may write or mail the completed claim form to the Support Collection Unit at: -_
NYS CHILD SUPPORT PROCESSING CENTER P0 BOX 15368 ALBANY NY 12212-5368
within fifteen (15) days from the day this notice was mailed to you. You should also submit documents and additional information or evidence by mail to support your assertion of a mistake of fact within the fifteen (15) day period. Examples of documents supporting your claim that the money is exempt includes: an award letter from the government; pay stubs; copies of checks; bank records showing the last two months of account activity; or other papers showing that the money in your financial account is exempt. Thereafter, the Support Collection Unit will determine the merits of your assertion and will notify you in writing of its determination within forty-five (45) days of the date of this notice. If the assertion is upheld you will also receive a copy of the Notice to Vacate Restraining Notice or Execution that is sent to the financial institution. If the assertion is denied, you will also receive a copy of the Child Support Execution and Notice that will be served upon the financial institution to seize the money. Page 1 of 2
r. Ii
% I.
PEX-RESP_pgl-Eng 06/20/11
08811 22230002992
against Adversary Proceeding No. 1-12-01229ess Elena Svenson Board of Managers of Oceana Condominium No. Two Internal Revenue Service, Inc. Victoria Edelstein, DDS Boris Kotlyar Cooper Square Realty, Inc. John Doe and Jane Johns, personally (fictitious names to be discovered) Lana Kaplun, personally Fard Badalov, personally Boris Meydid, personally Defendant(s)
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31609056924014
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31609056924014