Legal Question in Credit and Debt Law in North Carolina
After a debtor has written-off a debt,can they still try to collect?
Asked on 3/11/11, 12:55 pm
1 Answer from Attorneys
When you say written off, do you just mean "charge off" or do you mean issuing you a 1099? The answer is the same. Of course, if they have issued you a 1099c and you later pay all or part of the debt it, you may have to amend your taxes to take into account the amount that you paid and reduce the written off portion.
Has it been 3 or more years (assuming the debt was created in North Carolina) since you last paid? If so, then the original creditor or anyone they sell it to is not likely to sue you. There were some changes to the law in NC. It is now declared an unfair practice for a debt buyer to bring an action after the statute of limitations expires.
Answered on 3/11/11, 7:26 pm