Collection letter use of IRS an error

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 14, 2020 2:56 PM

A federal judge in Wisconsin tossed the complaint Mabel Heredia filed against Capital Management Services for allegedly violating the Fair Debt Collection Practices Act, or FDCPA, by sending her a dunning letter that proposed three alternative options for settling a $1,892 debt on a Discover credit card and closed by ominously warning that (1) settling for less than the full amount “may have tax consequences,” and (2) “Discover may file a 1099C form” (which federal tax law requires when a creditor …

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