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Model Brief Arguing Robocalls Cause Concrete Harm to a Plaintiff (May 23, 2016)

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Opposition to Motion to Dismiss FCRA Claim Under 15 U.S.C. § 1681b(b)2, 3 (May 27, 2016)

Almost four years ago, Derrick Milbourne and Samantha Churcher first filed this action alleging that the defendant, JRK Residential America, violated the Fair Credit Reporting Act’s specific requirements governing the use of consumer reports for employment purposes. See 15 U.S.C. § 1681b(b). JRK soon filed a motion to dismiss for lack of jurisdiction, which this Court denied. See Dkt. 20. After this Court certified two classes of plaintiffs, JRK filed a summaryjudgment motion on the class claims, which this Court again denied. See Dkt. 68.

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Supplemental Brief in FDCPA Case on Article III Standing in Light of Spokeo (June 3, 2016)

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CFPB Amicus Brief in FDCPA Case on Article III Standing in Light of Spokeo (June 3, 2016)

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Brief in TIL/Mortgage Case on Impact of Spokeo (May 20, 2016)

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Stipulated Protective Order (May 2008)

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Sample Requests for Admissions, With and Without Reference to Local Rule

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Complaint Against Attorney for Seizing Exempt Bank Account Funds

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Complaint re Application of FDCPA to Foreclosure of Deed of Trust

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Complaint Alleging Abusive Calls by Debt Collection Employee

Sample Complaint Against a Payday Lender

This is a sample state court complaint against a check casher and payday lender, alleging state usury and other state credit law violations, federal RICO, Truth in Lending, UDAP, fraud and misrepresentation.  The complaint was submitted by three Kentucky legal aid attorneys at the Appalachian Research & Defense Fund. 

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Answer and Counterclaim re Failure to Stop Collections After Settlement

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Plaintiffs First Document Request re Abusive Debt Collection Calls

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Plaintiffs First Set of Interrogatories re Abusive Debt Collection Calls

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Complaint in Individual Case Challenging Offset of Social Security Disability Benefits

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CRL/NCLC Amici Brief, Petersen v. Chase Card Funding L.L.C, Case No.: 19-CV-00741-LJV-JJM (W.D.N.Y. Feb. 7, 2020) (usury and predatory lending)

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Response to Motion to Dismiss First Amended Class Action Complaint for Lack of Subject Matter Jurisdiction

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Response to Motion to Dismiss for Lack of Jurisdiction

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Brief for Intervenor-Appellant re Constitutionality of TCPA's Automated Call Restrictions

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Form 48a: Plaintiff Motion for Temporary Restraining Order and Preliminary Injunction

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Form 48b: Proposed Order for Preliminary Relief in Complaint for Turnover of Property

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Form 47: Letter Demanding Turnover of Property

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Form 48: Complaint Seeking Turnover of Property

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Bragg v. Pinnacle Hamilton Complaint (2010)

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Lipscomb v. Raddatz Law Firm (2014)

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Wang v. 7 Rivington St. Complaint (2014)

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Carranza v. Green Cohen Complaint (2015)

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Chaffee v. Farber Complaint (2015)

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Crawford v. Senex Law Complaint (2016)

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Sanchez v. Ehrlich Complaint (2016)

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Baker v. Ross Complaint (2017)

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Markosyan v. Hunter Warfield Inc Complaint (2017)

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Martin v. Levylaw Complaint (2017)

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Torres v. Gutman Mintz Complaint (2017)

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CFPB v. Fair Collection and Outsourcing Complaint (2019)

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Lamar v. IQ Data International Complaint (2020)

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Lord v. Senex Law Complaint (2020)

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Montijo v. Hrdlicka Complaint (2020)

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Sanchez v. Law Office of Lance E Armo Complaint (2020)

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Demand Letter re Refund Anticipation Loan Agreement

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Demand Letter re FTC Holder Notice Omitted from Car Loan

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Veteran's Letter to VA Concerning Mortgage Foreclosure

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Sample Foreclosure Prevention Intake Form

This six-page intake form obtains client information concerning a threatened foreclosure:  basic information about the homeowner, the home, the mortgage, other mortgages and liens, an income budget, an expense budget, information on other debts and assets, and a comparison of income to expenses.

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Default and Delinquency Counseling Checklist

This checklist assists in foreclosure prevention counseling, setting out the various steps the counselor should follow.

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Sample Authorization to Release Information

This is a form that a homeowner can sign to authorize a housing counselor or attorney to obtain information about their mortgage loan from the mortgage servicer or other entity.

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Homeowner's Checklist for Avoiding Foreclosure

This six-page checklist provides advice for homeowners to avoid foreclosure—steps to take before payment troubles start, other steps when things begin to feel tight, steps when starting to fall behind on payments, and other important information.

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Freddie Mac Loan Modification Agreement

This is the 2004 form used for Freddie Mac mortgages to modify a mortgage loan.

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Sample Modification Due on Transfer Rider

This is a rider to a loan modification agreement indicating that if the homeowner sells the property then the full amount of the mortgage loan is accelerated and due immediately.

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Sample Modification Bankruptcy Disclosure Rider

This is a rider to a loan modification agreement indicating that a loan modification agreement does not affect the fact that the homeowner’s chapter 7 bankruptcy has discharged the homeowner’s personal liability on the mortgage loan.

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Sample Assignment of Rents

This is a rider to a loan modification agreement where the homeowner rents part of the property and gives the lender certain rights concerning the rental units.