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Capital one is suing me, after I got a 1099-C

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Anonymous
Not applicable

Capital one is suing me, after I got a 1099-C

I had a capital one account, and ran into issues paying the bill. My credit limit was $1300. I made all the payments on time, and then had an issue paying after 2 years with a finiancial hardship, and they could offer no help. So in 2016, I recieved a 1099-C from Capital one, that they charged off my account and reported it to the IRS. I filed that with my taxes, and paid on that chargeoff. Now today I get served with papers that they are suing me in small claims court, for $1560. Is that legal, and does anyone have advise they can offer? I have 30 days to file a response. 

 

 

4 REPLIES 4
gdale6
Moderator Emeritus
Message 2 of 5
Anonymous
Not applicable

Re: Capital one is suing me, after I got a 1099-C

I found the first article, but not the second. I'm in NM so I am still not to sure if it's cut and dry as to if they can still come after me. It's a local attorney who served me today.
Message 3 of 5
medicgrrl
Valued Contributor

Re: Capital one is suing me, after I got a 1099-C

I would consult an attorney on this.  You've got a few issues with this.  First being, is it collectable or not.  Second, if you do pay, how do you correct your tax returns.  This has the potential for big problems and the forum's are not going to get you the answers you need.



EQ 778 EXP 782 TU 729
Message 4 of 5
RobertEG
Legendary Contributor

Re: Capital one is suing me, after I got a 1099-C

Sending of the 1099c was unrelated to the charge-off.  

Taking a charge-off is an internal accounting measure that moves the debt on the creditor's books from a receivable asset to a non-receivable bad debt.  It does not excuse the continued obligation of the consumer for the entire debt, and does not lead to sending of a 1099c, "Cancellation of Debt."

 

A creditor can choose to additionally cancel any debt, regardless of whether it was charged-off.   Cancellation of a debt is then viewed by the IRS as converting the debt to taxable "income," and the creditor is required to provide notice thereof to both the IRS and the consumer if it is $600 or more.

However, the literature is replete with discussion of an interpretation by some creditors that sending a 1099c does not, in and of itself, constitute cancellation of the debt, notwIthstanding the title of the form and general interprettions to the contrary.  Google on 1099c and terms related to non-cancellation of the debt to see a legal discussion of that controversy.

 

If they are continuing to assert a debt even though you have paid IRS taxes on the asserted debt amount based on notice of cancellation via a form 1099c, that would likely be a viable defense that I would assert in your answer to the court.  You may need an attorney to file a brief in support  of that defense should it progress to trial, as it is a very contested legal issue......

Message 5 of 5
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