Torden Posted May 6, 2012 Report Share Posted May 6, 2012 Years ago a JDB sued me as first communication in my local county. I demanded documentation, proof, admissions, etc. Got a validation letter a few days later even though I didn't demand one (because it was already a lawsuit). Then they did MTD and got the dismissal. Later, beyond 30 days, I am thinking I should have done MTrC and counter claim. Too late, though. However, I never heard from them for a few years and forgot all amount it.Now they are back even though past SOL. They are just threatening to 1099-C. I've never done business with the stated OC (they are the JDB). But I still have all the paperwork WRT the original lawsuit.I'm thinking about suing them. Maybe proactively to get a judicial order to not do 1099-C. If they actually do the 1099-C, my plan is to sue them for the full amount (not the tax amount) under the theory that they intended to pay me for "something" taxable and have failed to tender the actual payment. I want my taxable income But here's the real question. They are in another state. They originally sued me in my state and county. Has this established jurisdiction whereby I could sue them right here in the same jurisdiction?Just thinking about planning. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted May 6, 2012 Report Share Posted May 6, 2012 Will depend on what law you sue them under. Link to comment Share on other sites More sharing options...
Torden Posted May 6, 2012 Author Report Share Posted May 6, 2012 Will depend on what law you sue them under.For losses due to a fraudulently filed 1099-C. They already know I dispute this debt (still have the green card) as not mine (never have done business with the stated OC). This is just thinking ahead in case they carry out their threat. I've demanded proof that this debt is mine and that they own it, and nothing has been produced. They chickened out when they took it to court. I was willing to just let it fade into oblivion. But it seems they are not. Link to comment Share on other sites More sharing options...
Seadragon Posted May 7, 2012 Report Share Posted May 7, 2012 It has violations of FDCPA, IRS statutes, and your state claims can be heard in federal court. The feds have jurisdiction over fraudulent 1099-c'sthis 1099-c constitutes collection activity of a disputed debt.So answering the question. Federal district court and an injunction should do nicely because it would prevent them from doing it countrywide. Link to comment Share on other sites More sharing options...
1stStep Posted May 7, 2012 Report Share Posted May 7, 2012 I'm with Seadragon...federal is the way to go...it covers any FDCPA violations, IRS regs and a state claim of fraud... Link to comment Share on other sites More sharing options...
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