As advocates representing consumer collection defendants, we have all heard about how to use the FDCPA to turn the tables on debt buyers. But do you know how to turn the tables on other types of collection plaintiffs using other weapons in the consumer arsenal? An auto loan deficiency case, for example, can present a variety of potentially lucrative counterclaims for a consumer defendant.
According to the Legal Services Corporation (LSC), consumer issues account for eleven percent of all complaints in LSC-funded programs. Yet, the numbers of low income and economically vulnerable individuals impacted by debt collection, bankruptcy and other consumer problems are quite significant. For example, one in seven adults in the U.S. is being pursued by debt collectors, according to the Federal Reserve Bank of New York. Furthermore, recent studies show that Legal Aid offices often turn away nearly 50 percent of all individuals seeking legal remedies.
One of the most important things that you can do for struggling homeowners facing foreclosure is to help them understand and accept the feasibility of keeping their home. These conversations can be very difficult but they are an essential early step in any foreclosure prevention case. In this webinar, the presenters will discuss how to work with clients dealing with foreclosure to assess the best long-term solutions, including loan modification.
According to the Department of Education, more than one trillion dollars is owed by student borrowers and nearly seven million borrowers are in default. Student loan borrowers are looking for relief, yet many lawyers choose not to take student loan cases because they believe that most student loan cases are really just bankruptcy cases in disguise. Knowing when and when not to recommend bankruptcy is crucial for successfully resolving student loan debt cases.
The Fair Debt Collection Practices Act (FDCPA) is one of the most consumer-friendly statutes out there. And, with about one in seven consumers in the U.S. currently subject to collection by third party debt collectors, the potential harvest of FDCPA claims is plentiful. Learn the basics of the FDCPA so that you can spot potential claims and help consumers.
Benjamin Franklin quipped that “nothing can be certain, except death and taxes.” It is surprising, however, that your clients are taxed on the attorney’s fees that you earn while representing them. This webinar will explain why this is the case by looking at attorney’s fees through the lens of tax law.
The Center for Applied Linguistics (CAL), experts in communicating with English-language learners and people with low literacy levels, will share how to write for your clients in ways they will understand. CAL taught the FTC how to think and write for lower-level readers, resulting in consumer.gov; this webinar will give you many of the same strategies and tools to help you communicate more effectively for your audience.
The structure of fee agreements plays a significant role in the taxation of attorneys' fees. The Supreme Court has held that traditional contingency fee agreements constitute impermissible assignments of taxable income ("fruit") from clients to their attorneys.
From the Federal Trade Commission (FTC)’s new consumer education piece, Background Checks: Tips for Job Applicants and Employees: “Some employers check into your background before deciding whether to hire you or keep you on the job. When they do a background check, you have legal rights under federal law. Depending on where you live, your city or state may offer additional protections.
It's tax season and by now you and your clients should have received 1099s for settlements and judgments from last year. These forms are often misunderstood and raise many questions, especially regarding their implications for the taxation of attorneys' fees. In this session, you will have the opportunity to have your own questions about 1099s answered and to learn from issues other NACA members are facing regarding these forms.