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Draft Pre-Trial Order in FDCPA Statute of Limitations Trial Against Debt Buyer (December 1, 2010)
Plaintiffs Contentions of Fact in FDCPA Statute of Limitations Trial Against Debt Buyer (July 18, 2011)
Pre-Trial Exhibit in FDCPA Statute of Limitations Trial Against Debt Buyer (July 13, 2018)
Sample Plaintiffs Request for Voir Dire Questions (2014)
Jointly Proposed Voir Dire Questions in FDCPA Trial Against Debt Buyer (July 13, 2018)
Trial Transcript in Abusive Debt Collection Suit (April 16, 2009)
CFPB Bulletin 2017-01: Phone Pay Fees (July 31, 2017)
Letter to Lenders Attorney That 1099 Notice Not Required (Feb. 2019)
After a settlement or otherwise reduction in the amount a consumer owes a creditor, the creditor may send the consumer and the IRS an IRS Form 1099-C indicating that the forgiven debt may be taxable income for the consumer. This letter explains to the creditor why the Form 1099-C should not be sent—that a reduced amount owed per a settlement is not taxable income in this case and that the consequences of sending the 1099-C for the consumer are significant.
Letter to Client re Tax Liability (related to forgiveness of non-mortgage debt) (Feb. 2019)
This letter by an attorney to the consumer client sets out the client’s rights and obligations concerning the taxability of a settlement, including reasons why the settlement may not be taxable income and steps the client should take.
Collection Communications Log
This collection communications log is given to a consumer client by the attorney in a debt collection harassment case, to be kept with the consumer’s phone, facilitating the consumer describing the communications received from debt collectors, indicating for each communication the date, time, length, nature of communication, the collector’s name, the collection agency, and the content of the communication. The document also provides advice to the consumer about documentation and retention of documents.