Legal Question in Credit and Debt Law in Georgia

Hello. A creditor filed a claim in probate court against me for a disputed credit card debt. We eventually negotiated a settlement over the phone, I sent in a payment, and all seemed well since they have not contacted me since. I had forgotten about this situation until I received a 1099-C form from them showing my cancelled debt. I will file this with my tax return as income, however, I am concerned that they never contacted my probate court notifying them that the claim has been discharged (Probate Court said they only have the claim against me, no documentation of a settlement or discharge of claim.) My question is this, how long should it take for cancelled debt claims to be sent to probate for discharge, and do I need to be concerned if they never send documentation in to probate? It has been over 8 months now. Thanks


Asked on 3/23/10, 2:09 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You'll have to repost with the correct facts, as debt disputes are not handled in probate court, and one doesn't ever settle a case without obtaining a dismissal.

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Answered on 3/28/10, 3:28 pm


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