Wyoming Collection Agency's Return of Claim as Uncollectible

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

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.

Taking action means they send you court papers telling you they're going to take you to court. The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment.

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.

At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.

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.

If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.

It's a violation of the collection practices act for a debt collector to refuse to send a validation notice or fail to respond to your verification letter. If you encounter such behavior, you can file a complaint with the Consumer Financial Protection Bureau.

The key is to be thorough in your request for debt verification. In your letter, ask for details on: Why the collector thinks you owe the debt: Ask who the original creditor is and request documentation that verifies you owe the debt, such as a copy of the original contract.

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Wyoming Collection Agency's Return of Claim as Uncollectible