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Hello,
I have an old Elan account charged off in 2015-2016 that is still reporting as late every month so I was looking into settling with them. The balance was roughly 6k. I found an old settlement offer from 2017 from them for a single payment of $1600. However, I noticed the fine print read "upon successful completetion of the settlement agreement, we will no longer attempt to collect on this debt. In addition the status of your account and the amount of the cancelled balance that will remain charged off will be reported to the credit bureaus." It also says if the amount cancelled is >$600, they will issue me a 1099c.
If I'm reading that correctly, it is saying that if I pay them the $1600 and they wont come after me for the rest but will still have my CR reports show a CO with a balance remaining of $4400? But, at the same time will tell the IRS they forgave the $4400? I've never heard of a settlement offer like this before. Am I reading that fine print correctly? I understand the 1099c but shouldn't the remaining balance then be reported as zero if they tell the IRS they decided to take a loss on the $4400?
Thanks for any insight!
Yes it will state 0 balance as @TattnallTrio said. Yes you may get a 1099c and have to file that as income come tax time.
They can, at their option, report to the CRA that the debt was settled for less than its full amount.
However, they must report the currrent balance as $0, and not as the amount that they have cancelled under the settlement.
Report of the amount cancelled is to the IRS for tax purposes, via form 1099c, and not to the credit reporting agencies.
What they report to the CRA is only the discretionary additional special comment and status that the debt was settled for less......
Thank you for the replies. I logged into their settlement website and now, unfortunately, the setllement offer has gone from $1600 to $4900. I guess I'll be waiting on this one for awhile.
You could try calling and asking for that same old offer/something similar.