Jump to content


  • Posts

  • Joined

  • Last visited

Profile Fields

  • Location

Tds's Achievements

Impressive 100+ postings

Impressive 100+ postings (5/6)



  1. Here you go.. No one can just force a 1099 down your throat. The situation that this article is addressing is when you REALLY NEVER OWED THE MONEY, it was the wrong taxpayer, perhaps the 1099 just has the wrong amount of debt forgiven, or a 1099-C was mailed to the IRS years later, when you are no longer insolvent (although you were in the year that they gave up on collecting the debt). If the 1099-C is incorrect, the IRS has a procedure to dispute it. First of all, of course dispute it with the party that sent it to you, the payer. If that fails, call the IRS at 1-800-829-1040 and ask the IRS representative to start a Form 1099 complaint. The IRS rep should then fill out a Form 4598, "Form W-2, 1098 or 1099 Not Received, Incorrect, or Lost" form. This form can be used if the payer (the party that sent you the incorrect 1099) does not give yoiu the corrected Form 1099 in time to file your tax return. Attach the Form 4598 to the tax return, but be sure to have documentation to support the correct amounts, if any. If you don't believe that you can handle this kind of dispute by yourself, hire a competent CPA or "enrolled agent" that is authorized to practice before the IRS to help you
  2. Actually this is NOT a true statement. One can't not simply issue you a 1099 c and then say " to heck with you". There is a way to dispute inaccurate information. since I don't know if this debt is mine, I would want Captial one to show me proof.
  3. Anyone else going through this.. read.. its not all gloom and die.. http://www.jthomasblack.com/library/how-to-fight-an-incorrect-1099-c-form-for-cancelled-or-forgiven-debt.cfm
  4. Just talk to my tax person, and they said to dispute the debt and we will file the appropriate forms with our filing. Onces I dispute the forms with the IRS, then the IRS will send debt verification to capital one, as its their responsibility to proof that said debt is mine. I have disputed this 1099 via phone, and now asking them to provide me with said proof. I will file the 1099 with my 2014 tax return and file the appropriate forms to show the disputes.
  5. Hello and greetings, Not sure if anyone else received something like this but here I go. In today's mail I received a 1099 from Capital one. It states "cancellation of debt" but marked a box H- which indicates as follows: "no collection attempts have been made in at least 12 months and no payment has been received in 36 months. We may continue to provide account information to experian, equifax and transunion . The amount is for $29,465.22-FIRST of all what does this dollar amount represents? how do they come to this total? No collection attempts have been made, thus I am disputing this debt. Only thing I have ever gotten from this people is the 1099-c in todays mail. Since I am in completely disputing this debt, and this is a ongoing matter and its really not a debt forgiveness- what is my options here? Any advices would be great. Regards Tsing
  6. Yes you should. In that letter you should indicate this is the first letter you received from them, and you want them to validate this debt. Send it certified as well.
  7. So I haven't posted in a while. For those of who might remember me, I fought Daniel N Gordon (for a so call Citibank card). Well my latest updated on this matter was like such-1. I was sued 2. I responded 3. I’m in Oregon so I was forced to go through arbitration (through our court systems) but I filed a arbitration through JAMS and forced their hands to file their claim through JAMS vs our legal arbitration. I was granted the motion, and then I hired a Bankruptcy attorney who drafted a letter to Daniel Gordon PC to let them know I have retained counsel, but have not yet filed for Bankruptcy. In that email he let them know that “they will not be representing me in the JAMS matter and for Daniel Gordon to move forward. Nothing was filed through Jams, so I waited and waited. I got a letter from the county (actually I as cc into the letter) The courts told Daniel Gordon if they didn’t’ file by a certain day then my case would be closed and no judgment would be granted. Daniel PC contacted me to see if I was still filing Bk (I stated Yes, but unsure of the timeframe) and then he asked for a dismissal, and I received a dismissal in the mail. Now brings me to this MATTER- I received a letter from Veldos LLC stating they I own them money from (American Express). I wrote Veldos a certified letter requesting all contacts be made my attorney and then requested a debt validation, and I owned them nothing. I received a letter from American express this Saturday indicating they couldn’t validate my debt therefore they will close my file. In today’s mail- I received a letter from American express stating they have removed the inquires/balances/account number from my credit reporting, and it may take up to 30 days to see it drop off. Meanwhile I have been asked to keep a copy of this letter for proof. Has anyone ever heard of this or what? As of now I have not file Bk- but I would in a heartbeat without thinking twice. Just have had no reason to move forward right now.
  8. Hey you.. This was my fear, therefore I didnt' want to do anything that would piss the court system off. I know they will try to find against me whenever they can, so best I stay as quite as I can.. So far nothing has been happening.. I am just sitting here awaiting for them to dismiss, or file in JAMS.
  9. I will only file if they pay the fee and take me to JAMS. I will go all the way through JAMS, and then file right before the arbiratior makes the decsions. Since this is a debt buyer, I feel they have NO right asking me to pay a debt that is NOT theirs, and I owe them NO debt.. Thanks so much, I will stay quite, and say no more.
  10. So, hello boys and girls. It’s been a while for me as I have had nothing new to report. However the last time I had advised you guys that they agreed to do a MTC through arbitration with JAMS, and I had then advised them that I have since then retained a BK attorney. They wanted to me sign a release dismissing any charges against them, and they would agree to drop their lawsuit against me. I decided NOT to take that route, and instead waited for them to file the docs through JAMS. To date there has been no filing with JAMS. I contacted our local court house today and found out they had until 6.15.2014 to file through JAMS or they will drop the case filed by DNGPC. She then said I am going to write them a notices giving them 23 days to file, or this case gets dropped. I guess I need to know if I can file anything prior to this, as I don’t think it’s fair for them to get an additional 23 days.
  11. I was sued on March 8 ,2014 and answered on March 11, 2014. THE WORST MISTAKE OF MY LIFE.. PLEASE PLEASE PLEASE take your time in answering your suit,and make sure you're good with it. If you want to put it up and have others take a look at it, they will give you their honest opinions too. I filed mine, then I put up, and had many people tell me that my answers, and defense needed HELP. So, I had to take leave to fix it. When you take leave the other party can object. If I had to do this all over again, I would have filed exactly 2 days before my deadline. The sooner you file the faster the ball starts to run too. Make this stretch out. JMHO... GLTU
  12. Okay if they dismiss, can't you put in for your cost through the courts? Especially if their in noncompliance with JAMS? Just asking, cause I am entering this phase of my life with JAMS..
  13. Well the last communication I had with him was a mandatory via ORCP. Per ORCP we must meet and confer. We must do this for certain motions and especially if two parties are working on a STIP. Usually people are represented by counsel, however if your pro se, you must follow the same guidelines. Now my counterclaim was dismissed by me, and I am filing that in Federal via a attorney. So, that is where I am a tad bit confused. Do I start this, or them? My suit amount is for $12,000 this is a pretty big amount, so I was pretty sure they would keep going... However I did get a second call from him where they are trying to settle. So, if you don't mind me asking, the one that backed off what ballpark was that amount of alleged debt? This will help me make some decisions. Thanks so much for your time.
  14. Ok,I signed the stip on 4-1-14. I advised the plaintiff counsel that I will start the process with JAMS, especially to ensure im getting charged the 250, since im the party who initiated mtc arbitration. I got an email back from him , saying that made no sense, as plaintiffs are the ones making the complaint, and im the one deafening the matter. I then called JAMS, and she stated it didn't really matter who initiates the complaint. The consumer will be the person who has allegedly use the card. She stated they would use the same capation as the local suit now. She said the consumer is the one who pays 250. What's your thought on this
  • Create New...