Legal Question in Credit and Debt Law in Texas
1099c
I have been getting calls a letters from a collection agency for a credit card debt which I haven't paid in approximately 4 years. They say theyre going to send a1099c ti show the nonpaid debt amount to be income. ////what are my rights ref this situation/
3 Answers from Attorneys
Re: 1099c
Look on Google for 1099c..I found this...but it is just a threat probably..and it means it could affect your taxes owed..
If a creditor sends you a 1099-C is the debt 'forgiven' and how will it appear on your credit report?
In: Personal Finance [Edit categories] [Edit]
[Edit]
Answer
The debt is forgiven and sooner or later a notice will appear on the CR. This is not a plus for you rating though. Then there is the IRS involvement gains, losses, blah, blah, blah. Just the thught gives me a headache!
Answer
it may not be good for your credit report but it is much better than the overdue debt that you had.
THE 1099-C IS ANOTHER WAY THE CREDITOR YOU OWE, IS GOING AFTER YOU. YOU ARE REQUIRED TO REPORT THIS UNPAID DEBT AS INCOME ON YOUR FEDERAL TAXES.
Better Answer
The IRS form 1099 is used by various entities to report income that they have perceived you have earned. Example: Blah Bank issues you a credit card. You run up $2,000 and never pay. After some time Blah Bank will issue a 1099 to you. They are also reporting the $2000 as income you have earned, to the IRS. A 1099 can be a blessing because no one elsae can come after you for the $2,000, the bad side is that now you may have to pay income tax on the $2000.
The IRS requires financial institutions to report to them the amount of principal they charge-off for individual borrowers. It is only to be filed after you have stopped collection activity and there has been no payment activity on the account for three years. This is not a way for finanical institutions to try and collect further. It is an added burden on them to track these conditions and find the records when they meet the critieria for filling. The financial insitution had written the debt off years earlier.
The state law effect of a form 1099-C varies. Connecticut views it as a signed writing that releases the claim, California does not. Kansas views it as having discharged the claim, but the reasoning of the judge in that case was flawed. In any case where a debtor has defenses to assert against a creditor's claim, SOL should be the last one used because its successful use triggers the requirement for the creditor to issue a form 1099-C. If a defense such as lack of documentation is successful, the 1099-C issue is never reached.
Re: 1099c
Look on Google for 1099c..I found this...but it is just a threat probably..and it means it could affect your taxes owed..
If a creditor sends you a 1099-C is the debt 'forgiven' and how will it appear on your credit report?
In: Personal Finance [Edit categories] [Edit]
[Edit]
Answer
The debt is forgiven and sooner or later a notice will appear on the CR. This is not a plus for you rating though. Then there is the IRS involvement gains, losses, blah, blah, blah. Just the thught gives me a headache!
Answer
it may not be good for your credit report but it is much better than the overdue debt that you had.
THE 1099-C IS ANOTHER WAY THE CREDITOR YOU OWE, IS GOING AFTER YOU. YOU ARE REQUIRED TO REPORT THIS UNPAID DEBT AS INCOME ON YOUR FEDERAL TAXES.
Better Answer
The IRS form 1099 is used by various entities to report income that they have perceived you have earned. Example: Blah Bank issues you a credit card. You run up $2,000 and never pay. After some time Blah Bank will issue a 1099 to you. They are also reporting the $2000 as income you have earned, to the IRS. A 1099 can be a blessing because no one elsae can come after you for the $2,000, the bad side is that now you may have to pay income tax on the $2000.
The IRS requires financial institutions to report to them the amount of principal they charge-off for individual borrowers. It is only to be filed after you have stopped collection activity and there has been no payment activity on the account for three years. This is not a way for finanical institutions to try and collect further. It is an added burden on them to track these conditions and find the records when they meet the critieria for filling. The financial insitution had written the debt off years earlier.
The state law effect of a form 1099-C varies. Connecticut views it as a signed writing that releases the claim, California does not. Kansas views it as having discharged the claim, but the reasoning of the judge in that case was flawed. In any case where a debtor has defenses to assert against a creditor's claim, SOL should be the last one used because its successful use triggers the requirement for the creditor to issue a form 1099-C. If a defense such as lack of documentation is successful, the 1099-C issue is never reached.
Re: 1099c
Look on Google for 1099c..I found this...but it is just a threat probably..and it means it could affect your taxes owed..
If a creditor sends you a 1099-C is the debt 'forgiven' and how will it appear on your credit report?
In: Personal Finance [Edit categories] [Edit]
[Edit]
Answer
The debt is forgiven and sooner or later a notice will appear on the CR. This is not a plus for you rating though. Then there is the IRS involvement gains, losses, blah, blah, blah. Just the thught gives me a headache!
Answer
it may not be good for your credit report but it is much better than the overdue debt that you had.
THE 1099-C IS ANOTHER WAY THE CREDITOR YOU OWE, IS GOING AFTER YOU. YOU ARE REQUIRED TO REPORT THIS UNPAID DEBT AS INCOME ON YOUR FEDERAL TAXES.
Better Answer
The IRS form 1099 is used by various entities to report income that they have perceived you have earned. Example: Blah Bank issues you a credit card. You run up $2,000 and never pay. After some time Blah Bank will issue a 1099 to you. They are also reporting the $2000 as income you have earned, to the IRS. A 1099 can be a blessing because no one elsae can come after you for the $2,000, the bad side is that now you may have to pay income tax on the $2000.
The IRS requires financial institutions to report to them the amount of principal they charge-off for individual borrowers. It is only to be filed after you have stopped collection activity and there has been no payment activity on the account for three years. This is not a way for finanical institutions to try and collect further. It is an added burden on them to track these conditions and find the records when they meet the critieria for filling. The financial insitution had written the debt off years earlier.
The state law effect of a form 1099-C varies. Connecticut views it as a signed writing that releases the claim, California does not. Kansas views it as having discharged the claim, but the reasoning of the judge in that case was flawed. In any case where a debtor has defenses to assert against a creditor's claim, SOL should be the last one used because its successful use triggers the requirement for the creditor to issue a form 1099-C. If a defense such as lack of documentation is successful, the 1099-C issue is never reached.
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