When the debt charges off, usually around the same time it is purchased (factored), there are no longer chances of getting that substantial 1099 added income tax on the savings. It's a major pitfall with settling with the primary creditors, I only did settlements with 3rd parties, and always try to verify charge off date before settling. Most CC companies charge accounts off between 120-180 days, with Citi being the longest I know of at 210 days (7 months after the last payment was made). It's a long process and can be more difficult to get the original creditors to stop calling, but it's worth it not to get 1099'd. I can't offer tax advice but that's my understanding of the process. I do know that Capital One, Citi, and Chase will each take some form of remove from phone list letter, or even a Cease and Desist usually used with 3rd party collectors.
Good debt settlement is possible, there is just a window of time after chargeoff and before litigation to get a good settlement. Even if it's with a same state attorney who is filing suit for a judgment, you can negotiate a settlement of usually around 50% most of the time. If thats not doable at the time, you can either go to court or take a default judgment. If a judgment is obtained, they can still be settled often under 30%. It takes a couple years to get them off the credit report from what I have heard but still can be removed. After you get a judgment though, you have to send them a certain amount of money per month, usually $25-$100 depending on the size of the debt, to prevent them from executing the judgment, which is going after liens, garnishment, and checking account freezes. Consult with a business lawyer as there may be different/ other things you need to do to prevent a judgment from being executed, if you end up getting a judgment.
Andy
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Originally Posted by Anonymous
I too need some financial help but every consolidator I have spoken to fails to mention about the IRS potential tax liability you have after signing up and they set up. The settled amount s then reported to the IRS as income you gained and you have to pay taxes on it Not only that, after the payoff it is reported to the credit bureaus you settled for less. So it's not as good as they say.
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