Debtconsolidationcare.com - the USA consumer forum

Is there Form Letter for an SOL Debt/Tax Form

Date: Wed, 03/21/2007 - 23:51

Submitted by anonymous
on Wed, 03/21/2007 - 23:51

Posts: 202330 Credits: [Donate]

Total Replies: 8


Please tell me if there is a form letter I can use to
follow, when I write a collector, to inform them the debt is SOL, and bid the collector farewell?

Will I get a tax form when I do this?


You'd only need a 1099 if the debt was forgiven, which I seriously doubt the collection agency would do. Since the SOL basically only applies to lawsuits to collect debts, I'd be willing to bet this debt will bounce from CA to CA for many years to come.

I haven't yet seen the applicable letter in the DCC community, but this web addy should be sufficient:
www(.)fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


lrhall41

Submitted by Morningstar on Thu, 03/22/2007 - 02:19

( Posts: 1633 | Credits: )


The SOL really only applies to a court's enforcement of the debt. A debt past SOL is still a debt, and can still be collected on - it just may not win if it goes to court.

I would also be cautious on sending any correspondence that acknowledges the debt. Some cases have held that your acknowledgment of the debt, in writing, can actually re-start the SOL. Your best course of action, I think, would be to dispute the debt and send a cease and desist notice.

They probably won't send you a 1099-C. However, it is interesting to know that the IRS considers a debt cancelled if a creditor has not made any collection attempts on it for two or more years.


lrhall41

Submitted by DebtCruncher on Thu, 03/22/2007 - 04:56

( Posts: 2293 | Credits: )


I would also be cautious on sending any correspondence that acknowledges the debt. Some cases have held that your acknowledgment of the debt, in writing, can actually re-start the SOL. Your best course of action, I think, would be to dispute the debt and send a cease and desist notice.

I agree, and add this in your cease and desist letter, tell them:

You are on notice that this is not my debt. This dispute and cease and desist letter is effective as to your agents and assigns. You are directed to notify any assign that this debt is disputed in its entirety. If you do not do so, I will notify any new owner of this debt by copy of this letter. Then you can explain how you committed fraud in selling this fraudulent account to them without disclosing the facts of the dispute.


lrhall41

Submitted by SlyDog on Thu, 03/22/2007 - 14:47

( Posts: 6 | Credits: )


You are on notice that this is not my debt. This dispute and cease and desist letter is effective as to your agents and assigns. You are directed to notify any assign that this debt is disputed in its entirety. If you do not do so, I will notify any new owner of this debt by copy of this letter. Then you can explain how you committed fraud in selling this fraudulent account to them without disclosing the facts of the dispute.

Hello. I just found this site and I am confused that even though you know it is your debt, you would send a cease and desist letter since it is SOL?
It won't be appeared in your credit report?


lrhall41

Submitted by on Tue, 10/02/2007 - 13:29

( Posts: | Credits: )


Thank you, Ang.
With debt validation letter and the cease and desist letter, they won't go after you. That's what you mean?

So some people just deny it in such way even they know it is theirs?

I do not deny it, either. Just I do not want to pay if not confirmed it is mine.
In my recent case, I sent a debt validation letter and they sent me a letter indicating only the original creditor and amount, and interest which I still do not recall any. And I am not convinced yet that it is my debt...


lrhall41

Submitted by on Tue, 10/02/2007 - 13:55

( Posts: | Credits: )


Ok maybe i misunderstood but ur not sure this is ur debt?? The reason for the dv letter is to make sure this collection agencey does indeed own it! Have u already sent them a debt validation letter? U can always send a second one, telling them they did NOT send the info u asked for and once again state exactly what u want! Also, the cease letter in there will also stop them from calling and harassing u!
Now if u've already heard back from them on the first dv letter, get the second one out asap! U can only dispute this debt for a certain amt of time!
Good Luck,
Ang
P.S. Also, don't admit to owing this debt but don't deny it either, stay in the middle some where! ;)


lrhall41

Submitted by Ang on Tue, 10/02/2007 - 14:00

( Posts: 2306 | Credits: )