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Alex
Lv 7
Alex asked in Business & FinanceCredit · 1 decade ago

When will the collection agency give up? SOL passed, credit report expires soon.?

My charged off account is past the statute of limitation and will fall off my credit report this year. I am saving money in anticipation of owed income taxes. However, the IRS will only expect taxes once the collection agency resigns to not collecting (please correct me if I'm wrong). Will they give up once the 7.5 years has passed? What's their incentive for continuing efforts to collect after that point?

3 Answers

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  • CatDad
    Lv 7
    1 decade ago
    Favorite Answer

    Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. At this point they usually give up..but if they do renew contact, you can send them a cease communications letter and tell them to get lost. You don't have to worry about the IRS or taxes unless you specifically get a 1099-C form for forgiveness of debt.

    If the collection agency renews contact with you: Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating:

    Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.

  • 4 years ago

    States gathering SOL don't have something to do with the reporting era. If the collector owns the debt and it remains in the reporting era, they have a felony proper to document it. in the event that they're reporting, they could desire to document appropriately. they can't document, as an occasion, previous due, previous due stability, open account, factoring business enterprise, a million month words, and so on., and so on., and so on. in the event that they're reporting and the unique creditor is reporting additionally, the unique creditor could desire to document with a 0 stability. you have a proper to dispute any and all misguided data it is being pronounced with the aid of the two the collector or the unique creditor. One poster pronounced that the gathering SOL may be reset. The gathering SOL in Ca. "can't" be reset as quickly as the account has been charged off - even if if a fee or an settlement to pay is made. as quickly as that's charged off - that's it. Code of Civil technique § 337(2). RNC, Inc. v. Tsegeletos (1991) 231 Cal.App.3-D 967, 972 edit++++++ SCH published that they could document the account perpetually - NO as quickly because it has exceeded the felony reporting era it may be unlawful for them to proceed to document or for yet another collector to place it on your comments. in the event that they do, you have a felony proper to sue them for FDCPA, FCRA and California's own FDCPA violations. in case you create a sturdy papertrail of their violations, you could greater advantageous than probable win. Ca. has their own, very reliable, version of the FDCPA, you could desire to study it.

  • 1 decade ago

    The incentive is that sometime a person who does not know about the statute of limitations pays, even though they do not have to do so.

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