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If you send them a DV request within 30 days of their collection ("dunning") notice, it imposes a cease collection bar, which remains in effect until they have first sent the requested debt validation.
Additionally, some states provided enhanced debt validation requirements which include itemization and documentation of the debt, and a period for response, that are not part of the federal DV process under FDCPA 809(b).
What is your state of residence?
@Anonymous wrote:
Robert, I received a response to my DV and in my letter to them I stated the SOL of limitations for my state of Oregon.
There response was "we're not attempting to sue you or pursue any legal action against you." And if I don't pay they'll write it off as uncollectable with a IRS 1099-c form.
Should I be concerned? As long as it don't end up on my report I could care less. My reports will be completely clean in 6 months and I don't want to jeopardize that.
Send them a notice to stop communicating with your regarding the debt.
Appearing on your credit report has nothing to do with the statute of limitations, which applies to the period within which they must initiate civil action to seek a judgment.
Credit report exclusion of any collection is required no later than 7 years plus 180 days after the date of first delinquency (DOFD) that occured on the account that created the debt, and wherein you remained delinquent from that date to the date of their collection. If default occured 10 years ago and the debt remained delinquent until now, then the credit reporting agency is barred under FCRA 605(c) from including the collection in any credit report they issue. Period.
Neither credit report exclusion nor expiration of SOL, however, negate the debt.
Thus, a debt collector can continue to attempt collection if not barred by either a DV or a cease communication notice under FDCPA 805(c).
However, they can choose at any time to cancel the debt. If the cancelled debt is $600 or more, they are required to send you and the IRS a 1099c, Notice of Cancellation of Debt, which raises the issue of tax obligation for the cancelled debt, which is then considered by the IRS to be taxable income.
A cease collection notice under FDCPA 805(c) would not bar their required sending of a 1099c.
I had a question because a 1099-C came up on a 10 year old debt.
I know a 1099-C is a debt cancallation form you get when you don't pay bad debt so you have to pay taxes on it.
Is there a time limit a creditor has to give you a 1099-C? I personaly find it odd vombie debt could result in a 1099-C.