1099C received will i have to repay debt to collector? HELP,

Submitted by conciouschoice on Fri, 02/12/2010 - 19:23


I have received a 1099C from my Debitor stating that the debt has been cancelled and I have to declare this to the IRS.

The collection agency is telling me that I still have to pay them the full amount even thought the original debitor gave me a 1099c cancellation of debt.

Can anyone please help me? thanks so much!!!

I'm not exactly sure but if the original debtor has sent you a cancellation of debt then the debt is now canceled. I would try sending the collection agency a copy of it and see if that doesn't make them change their mind. Also I would send a debt validation letter and ask them to validate the debt they are trying to collect on. Most collection agencies can not do that. Also there should be others on here that can also help you in handling this. So just hang in there

Sat, 02/13/2010 - 04:43 Permalink

Hi Conciouschoice,

If you have received a 1099C from debitor, you need to declare to the Internal Revenue Service (IRS), that you are not required to pay the tax, because you were insolvent or bankrupt (whichever applies) at the time of charge off of the debt. You can do this either with the IRS form 982 or by attaching the information regarding your debts and assets.

As far as I know, nowhere in the instructions given by the IRS, is it mentioned that the collection process cannot continue after cancellation of debt under 1099C.

Still you can check into the details of the information given by IRS.

Sat, 02/13/2010 - 06:08 Permalink

it depends on how the debt was satisfied. it sounds like this may be a 1099 for an account that was settled on...?

If a debt is settled on the amount saved is then considered taxable income for the following year - anything over $500.

if its a debt that was settled on and theyre asking for the taxes on the amount saved the 1099 form is legit.

See if this is ur case and get bk to me pls , happy to help


Wed, 02/17/2010 - 19:10 Permalink

My mother in law got one of these forms from a house she let go. The bank sold the home and then sent her a form to take in when she had her taxes done. Apparently she had to pay taxes on the difference between what the bank sold the house for and what was left over was taxable. She did however get out of it because of her spouse dying. I guess if it is due to this then you are not responsible.

Thu, 02/18/2010 - 03:32 Permalink
ann (not verified)

Once you receive a 1099c they CANNOT collect on the debt after that. Some of the rip off collection agencies will lie to you though. Say you owe 5000 and they were adding interest and fees and the debt was charged off. They will try to claim that you still owe that interest even though legally you do not. The 1099c also has a block for interest so if its not on the 1099c they know they were not legally entitled to it. Send a copy of the 1099c along with a letter to the collection agency stating that you have claimed this as income and they are not to contact you anymore. Debt cancellation is considered a gift. Basically they are claiming that they gave you the money and after that you owe nothing. Do not listen to people trying to claim they can still collect on the debt. I have checked with my tax person and attorney on the matter. Your credit reports also will have to be updated to show a 0 balance and in some cases it can be removed.

Sat, 01/29/2011 - 17:15 Permalink
Sonya (not verified)

Hello, I too have received a 1099c for cancellation of debt on a vehicle and had to pay the IRS almost 900.00 dollars . I spoke with the IRS and an attorney. Both agreed that they can not collect on a debt that has been cancelled . However, they will not release my title to me. The collection department told me the only way I will receive my title is if I also pay them a settlement amount on top of paying the IRS. This in no way can be right ! How can a company write off a debt on taxes but still collect money? This seems wrong to me !

Tue, 03/22/2011 - 16:32 Permalink
Lissette (not verified)

I received a 1099-c back in 2009 for a voluntary repo I did. I declared it on my 2009 taxes, but now the credit company who I have been working with to consolidate my debt is telling me it's better to settle. My credit is hurt anyway, should I or do I have to pay?

Thu, 12/01/2011 - 06:05 Permalink
Walker (not verified)

I received a 1099C Schedule from my auto lender. Since I have to pay taxes on this, can I get the title to this vehicle from the lender?

Tue, 01/10/2012 - 19:38 Permalink
keisha (not verified)

Want a1099c is file on tax.can they still after you

Wed, 02/01/2012 - 08:23 Permalink
Monique (not verified)

I received a 1099-C from the bank cancelling the debt and since my dad was a co-signer they are now going after him for the money? Can they even tho they cancelled the debt and the bank will be claiming that as a loss?

Thu, 02/09/2012 - 20:26 Permalink
JD (not verified)

We did a short sale on a house and the made us sign a non-secure promissary note of $30,000, we told them we could not pay it and basically the realtor told us we would be able to negotiate a lower amount when it actually came to paying it. We were stupid and believe him.Well now we are getting letters from a debt collecting attorney the latest one says that they we can be 1099C'd, well if this is for forgiven debt, what does this have to do with us not being able to pay the $30,000? We did short-sale and when we pd our taxes this year our tax advisor had us collect all of the debt on the rental property and we were insolvent , on the property.

Tue, 09/18/2012 - 23:55 Permalink
DS (not verified)

I retired 1/1/2013, and received a 1099c, as my income is very limited. What are my options, as I can not afford to pay taxes on this?

Wed, 01/22/2014 - 01:32 Permalink
Guest (not verified)

I received a 1099c, but I still have the vehicle. What should I do with the vehicle because I will be filing IRS form 982 (Insolvent). If I return the vehicle to the lender, can the lender turn around and put it back on my credit report. What should I do because technically the lender still owns the vehicle?

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