South Carolina Collection Agency's Return of Claim as Uncollectible

State:
Multi-State
Control #:
US-01417BG
Format:
Word; 
Rich Text
Instant download

Description

No particular language is necessary for the return of an account as uncollectible so long as the notice or letter used clearly conveys the necessary information.

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FAQ

Once a creditor cancels or forgives a debt, the creditor is prohibited from trying to collect the debt. This is because the debt no longer exists, and the debtor therefore no longer has a legal responsibility to pay it.

Simply stating that the debt is time-barred should be enough to get the case thrown out. It's against the Fair Debt Collection Practices Act for a debt collector to sue you for a time-barred debt, so you can also file a complaint with the CFPB, the FTC and your state attorney general's office.

An old debt may illegitimately reappear on your credit report if it's acquired by a debt buyer or collection agency that then reports the debt even though it's more than seven years old. This is past the statute of limitations, meaning it's too old to remain on your credit report.

Making a payment: Making a payment on an old debt, whether in full or part, revives it, essentially restarting the clock on old debt. Agreeing to pay: If you acknowledge that the debt is yours and agree to pay, the statute of limitations on your debt will start over.

Once a creditor cancels or forgives a debt, the creditor is prohibited from trying to collect the debt. This is because the debt no longer exists, and the debtor therefore no longer has a legal responsibility to pay it.

According to the IRS, nearly any debt you owe that is canceled, forgiven or discharged becomes taxable income to you. You'll receive a Form 1099-C, "Cancellation of Debt," from the lender that forgave the debt.

Debt collectors can restart the clock on old debt if you: Admit the debt is yours. Make a partial payment. Agree to make a payment (even if you can't) or accept a settlement.

As long as your charge-off remains unpaid, you're still legally obligated to pay back the amount you owe. Even when a company writes off your debt as a loss for its own accounting purposes, it still has the right to pursue collection.

If your debt is forgiven or discharged for less than the full amount you owe, the debt is considered canceled in the amount that you don't have to pay. The law provides several exceptions, however, in which the amount you don't have to pay isn't canceled debt.

According to the Federal Trade Commission: In some states, if you pay any amount on a time-barred debt or even promise to pay, the debt is 'revived. ' This means the clock resets and a new statute of limitations period begins.

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South Carolina Collection Agency's Return of Claim as Uncollectible