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settlement

Date: Wed, 04/14/2010 - 14:45

Submitted by anonymous
on Wed, 04/14/2010 - 14:45

Posts: 202330 Credits: [Donate]

Total Replies: 4


I have been talking to a few of my different creditors, asking for settlements, and part of that settlement would be that it would show paid in full. However, each of the different creditors all state that they HAVE to report that the debt was settled and that a 1055C??(pretty sure this was the form they mentioned) would have to be sent out and be claimed on our taxes next year. Is this one of their negotiation tactics, or is there truth to this, that they can only report the settlement this way?


There may be some truth in what they are telling you, but there is always the chance that the client care person has the wrong account in front of them. If you want to be sure, call them again and ask to speak to a manager or call your credit card company and ask for a complete listing of your outstanding debts. If it has been discharged, then the company will be sending a 1099c to you and to the IRS.


lrhall41

Submitted by OVLG Attorney on Wed, 04/14/2010 - 15:58

( Posts: 511 | Credits: )


Yes, it's a 1099C and yes those are issued and reported for forgiven debt that exceeds 600, even if below 600 you're still supposed to self report it, however, if you're like most bailing out, you may be insolvent, which means your liabilities (debts) exceed your assets...There are irs publications and tips/worksheets to figure this out...If insolvent, then no tax liability..


lrhall41

Submitted by on Wed, 04/14/2010 - 17:02

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Quote:

Originally Posted by Anonymous
Yes, it's a 1099C and yes those are issued and reported for forgiven debt that exceeds 600, even if below 600 you're still supposed to self report it, however, if you're like most bailing out, you may be insolvent, which means your liabilities (debts) exceed your assets...There are irs publications and tips/worksheets to figure this out...If insolvent, then no tax liability..

This is the first real compassionate thing the irs has ever done for me. Years ago I lost $250k in the stock market and couldn't even deduct it except $3000 per year. ?????


lrhall41

Submitted by dantheman on Wed, 04/14/2010 - 19:54

( Posts: 860 | Credits: )


It is absolutely true that they must report it as settled to the credit bureaus or risk losing reporting status. But, you can negotiate this if you have more than one account with them. Ask to have them apply the first of the settlement dollars to one of the accounts in full (provided the settlement is enough to do so), then the balance to the remaining account. That way they only have to report one account as settled. I have personally had a creditor do this for me and it showed up as one account "paid in full" and the second as "settled". If you have been a good customer in the past they will do this for you as they want you back as soon as your credit/situation improves. Remember "settled" accounts REALLY ding your score plus they show up first in your credit report to potential creditors.


lrhall41

Submitted by on Thu, 04/15/2010 - 05:26

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