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Dismissed case?


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Hey guys, sorry to make another topic, ( I like to post kind of scattered with limited info just in case my opponents try to search me )

It's been some time since this has happened, but I was sued in NJ by a junk debt collector. I did a lot of research, sent out discovery and interrogatories.

Which they never answered, the court day came and I was ready to fight tooth and nail, and they didn't show! ...It got dismissed (without prejudice I'm sure ) I got a call a few days later from the JDB, threatening to embarrass me in court the following day, ( she thought our court date was at a later time. )

I laughed a bit and told them "No I think i'll be just fine." A few days later I moved to CT, and filed change of address well ahead of time. I had gotten a letter from the JDB informing me my case was agreed between me and them that the was dismissed without injury to ethier of us. ( I already knew that....but they sent me a letter like we agreed on it, plus they got the date wrong for the courtdate this was decided on. )

So do you think I've won? I havn't heard anything from them and I havn't been served with anything else, I'm wondering if some mail might have went to my old address? ...I figure if something went through without me knowing I could easily undo it.

Anyway I can look up my case and make sure it stays inactive?

I wonder if i was too much trouble for them to bother with. Well to be fair I was ready to launch a vicious defense at them, and build up to counter sue, maybe they got the hint?

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I think you are a little more worried about this case than you need to be.

If you don't have a hard copy of the ruling, then get one. Find out if it says with or without prejudice. If the judgment is without prejudice then the JDB could refile or sell the debt to another JDB and they, in turn, could file.

Chances are that the only thing that you may be receiving concerning this debt is a 1099-c form when the JDB reports a loss to the IRS.

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I think you are a little more worried about this case than you need to be.

If you don't have a hard copy of the ruling, then get one. Find out if it says with or without prejudice. If the judgment is without prejudice then the JDB could refile or sell the debt to another JDB and they, in turn, could file.

Chances are that the only thing that you may be receiving concerning this debt is a 1099-c form when the JDB reports a loss to the IRS.

Thanks for your quick response.

If they sell it, i'll make sure to end it in the next court case , because it'll be more than enough ambigous for me to win the case with prejudice, if they motion to refile, i can block it with a motion to compel, and ask for with prejudice...Does that sound good?

if I get a 1099-c form can I refute it by calling it invalid?

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if they motion to refile, i can block it with a motion to compel

What would you compel? The first lawsuit was dismissed. If they start all over again, so would you. If They file a claim, you answer. MTC would come later if they did not answer discovery for the 2nd lawsuit.

if I get a 1099-c form can I refute it by calling it invalid?

Here you are dealing with a different entity - the IRS. The JDB's don't even want to send the 1099-c. The IRS requires that they do if they report a loss on the debt.

It would probably be easier to pay the 15%, or whatever tax bracket you are in. There was some discussion on this forum about what it would take to extinguish the 1099 but I don't remember exactly what the procedure was, if there was one at all.

The bottom line is that the JDB, if it wants a tax credit, will report the debt as a loss. The IRS has a one-track mind in thinking that someone else, then, must have had a gain. That would be you.

My thoughts are that you would need to prove the debt actually belongs to someone else and then the IRS would go after them. You can do a search on 1099 and read through the different threads but I think this is pretty much it.

If, in your thread searching, you find something else let us know.

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Here you are dealing with a different entity - the IRS. The JDB's don't even want to send the 1099-c. The IRS requires that they do if they report a loss on the debt.

It would probably be easier to pay the 15%, or whatever tax bracket you are in. There was some discussion on this forum about what it would take to extinguish the 1099 but I don't remember exactly what the procedure was, if there was one at all.

The bottom line is that the JDB, if it wants a tax credit, will report the debt as a loss. The IRS has a one-track mind in thinking that someone else, then, must have had a gain. That would be you.

My thoughts are that you would need to prove the debt actually belongs to someone else and then the IRS would go after them. You can do a search on 1099 and read through the different threads but I think this is pretty much it.

If, in your thread searching, you find something else let us know.

There is a good thread on this (http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=295256&highlight=1099-c). Im not sure I tolerate them reporting a debt like this to the IRS. Why should I have to pay taxes on a debt that they can't prove is mine.

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If one agrees to a settlement for a lesser amount, the creditor may issue a 1099C for the balance, and you have to pay taxes. Or if you don't pay at all, the creditor may issue a 1099C for the full amount.

Now, I might be wrong, but if you are sued and the case is dismissed, I don't think they can file one. The courts have found that you don't owe the debt, therefore there is no income upon which the IRS will want you to pay taxes.

Or am I mistaken?

DH

PS. If I'm correct, I wonder if this provides any motivation for a creditor to file a 1099C rather than sue?

Edited by debtorshusband
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