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Letter from IRS...please help!

Date: Mon, 03/08/2010 - 16:52

Submitted by anonymous
on Mon, 03/08/2010 - 16:52

Posts: 202330 Credits: [Donate]

Total Replies: 10


Hi all, I live in NY.

Sometime in the 1990s I had a Discover card that I defaulted on. The last time I made a payment with them was sometime before 1999; I'm thinking 97-98. I know for sure it was before 1999 because that is when I met my wife, and this account was already in default for over a year, maybe more.

Sometime in 2007-2008 I received a letter from Federal Pacific Credit Company trying to collect. Because the SOL had expired I ignored the one letter I ever received from them. Could have been more letters but I moved in 2008 and never heard from them again.

Today I get a form from the IRS regarding my 1040 EZ for 2008. It states that a cancellation of debt was filed by Federal Pacific Credit Company for $6900 and I now owe the IRS $1500.

My question is...if SOL was up on this account before 2008 and if this account was never DV'd, what do I do? Am I am going to have to pay this $1500?

I have NO records of this account since this started back in the 1990s so can't be too sure of the dates. But I met my wife in March 1999 and I know for sure this account was already in default by then.

Advice? What do I do?

Thanks!


Wow, the creditor must have written the debt off and sent in a 1099-C to the IRS. I'm not sure what to tell you but I did want to acknowledge your post so you wouldn't think you were being ignored. I would also like to add, if for some reason you do end up paying this there are options available by the IRS, just go to their site and look around, they have an installment plan but you have to fill out a gazillion papers to be approved. Anyway, keep checking back for replies.


lrhall41

Submitted by Shazzers on Mon, 03/08/2010 - 16:58

( Posts: 17344 | Credits: )


Debt collectors almost always have no proof of the debt and if yours is that old, they deffinately do not have anything.

You should dispute that with the IRS and make the company who issued it prove that you owe it, if they can't you do not have to pay. You should talk to a tax person about this and also contact bud hibbs at his website budhibbs.com as he might have some good information and might be able to tell you what to do.


lrhall41

Submitted by pokertramp on Mon, 03/08/2010 - 19:46

( Posts: 512 | Credits: )


I would certainly dispute it with the IRS.
I've never heard of a CP 2000. Is it similar to a 1099c?
ANYWAY...if you can prove certain income/asset levels...you won't HAVE to pay the IRS.
If the IRS finds you innocent...I do 'bleve I'd find me an attorney & sue the one that got you stressed out.
Keep us posted, please.


lrhall41

Submitted by on Fri, 03/12/2010 - 18:12

( Posts: | Credits: )


Actually you do NOT want to use SOL because a SOL account is allowed to be written off and 1099c can be filed. That's why I always say if you are sued, to use SOL as a last ditch defense because if you use SOL, the debt might be dismissed from court, but the CA will turn right around and file the 1099c.

You need to write a letter to the IRS and inform them that the debt is unvalidated and the company did not prove the debt is legitimate. You then send the company that filed this a strongly worded letter that this debt has not been validated and is not subject to filing a 1099c. Demand proof of this debt and if they do not send proof you will sue them.


lrhall41

Submitted by goldenbast on Fri, 03/12/2010 - 21:53

( Posts: 2884 | Credits: )