Can an OC Sue?

[benben7]

Can a OC sue you if they have charged off the account?

Thanks

[Anonymous]

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benben7 wrote:

Can a OC sue you if they have charged off the account?

Thanks

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In a word... Yes. As long as the OC hasn't *sold* (not to be confused with assignment) the debt to a third party collection agency, they can continue to collect, even suing and obtaining a judgment against you if the account has been charged-off.

[Anonymous]

Unless the debt has been discharged in BK, or they issued you a 1099-c, they can sue and pursue the debt.  CO means they write the loss off in their taxes....but this does not prevent them from trying to recover it....at which time they will pay any taxes against the "recapture" against the tax write off.

The short answer:  Yes.