Jump to content

Can JDB report to credit agency?


Helena
 Share

Recommended Posts

Cavalry sued me for amount way over amount I had in dispute with B of A. I fought it and cavalry asked for dismissal day before trial date. Now they are reporting this amount to my credit. B of A already charged it off. I am afraid a 1099 might be next.

Does anyone know the actual law for jdb reporting to credit agencies?

And what to do if they issue a 1099 amount that is false?

Thanks.

Link to comment
Share on other sites

A charge off is an accounting term indicating a debt moved from performing to non-performing.  Mostly it means if you pay it in full, the account is not re-instated.  This is different than a write off where the account is considered un-collectible.  The latter is where they could issue the 1099-C.  Some IRS regulations dictate when a 1099-C may or must be issued.

  • Like 1
Link to comment
Share on other sites

@Helena

 

Yes, JDBs can report to CRAs.  Our credit reports are a history.  If a JDB purchases an account, that's part of the history.

 

But the JDB's entry will not remain on your CR longer than the original creditor's entry.  How long any entry relatedto that account remains on your CR depends upon what the OC has provided as the date of first delinquency.  When the OC's entry falls off, the JDB's entry will fall off, as well. 

  • Like 1
Link to comment
Share on other sites

Thanks, I couldn't get it fixed, so will just paste it here with credit to Forbes Mag:

 

Bank Cannot Issue 1099-C And Subsequently Try To Collecthilton File an amended return in the year paid.Peter J Reilly, ContributorWhat if the statute is closed ?rlbaty Mitigation, Peter?Peter J Reilly, ContributorThe Service needs to revise its guidance since it now encourages the 1099 at the first identifiable event. It is very messy.Marc Barnes What about Sec 1341? Recompute the tax based on the income not being included in the year it was originally received and take the deduction in the current [...]Peter J Reilly, ContributorThat’s what I was thinking is probably the answer.Kevin Lancaster - Willson Peter, Can you comment on the links I posted?18 comments, 18 called-out Comment Now

Follow Comments Following Comments Unfollow Comments  Peter J Reilly, Contributor
The Service needs to revise its guidance since it now encourages the 1099 at the first identifiable event. It is very messy.

Comment Now Follow Comments Following Comments Unfollow Comments

  
Seal of the United States Internal Revenue Service. The design is the same as the Treasury seal with an IRS inscription. (Photo credit: Wikipedia)
Banks are required to notify taxpayers and the IRS about debt discharges by filing Form 1099-C.  It is less than crystal clear as to exactly when the banks are supposed to file 1099-C.  A recent bankruptcy decision in the case of William and Elaine Reed has made the issue even more challenging  for the banks.  Tentatively, I’m looking at this as a win for the little guys.

Why Do They Send 1099-C ?

 

Move up http://i.forbesimg.com t Move down

 Tax Court Rules 1099-C From Portfolio Recovery Associates Not Valid For Year Issued
 Peter J Reilly
Contributor
   Who Decides What's A 'Loan' And What's Taxable? The IRS
 Robert W. Wood
Contributor
   Avoiding Excess Credit Card Interest Should Not Be A Taxable Event
 Peter J Reilly
Contributor
   There's No Escape: Death, Taxes And Student Loans
 Robert W. Wood Contributor

  If it is determined that there is a debt that you do not have to repay, that will often result in taxable income - cancellation of debt income (COD).  A general exclusion of COD would be a hole in the Code that you could drive a fleet of trucks through, but COD taxation still troubles me.  It seems like kicking people when they are down.  If you ever receive Form 1099-C, whatever you do, do not just ignore it.  On the other hand, don’t just take the form at face value, either.

 

Timing Is Important

 

Determining when COD income occurs has tax significance, because COD income is excludable to the extent that you are insolvent.  Suppose that the statute of limitations on an old debt expired in 2009, when you had no assets.  In 2012 somebody at the bank notices that the debt is no longer collectible and issues you a 1099-C.  In 2012, you are solvent.  You will want to argue that the discharge really occurred in 2009.

 

There have been a few Tax Court decisions on this issue in the last couple of years.  In a case concerning a 1099-C issued by Portfolio Recovery Associates, a company that buys up old credit card debts for pennies on the dollar, the Tax Court noted:

 

“We have acknowledged that it is often impossible to find only one event that clearly establishes the moment at which a debt is discharged, such as pinpointing the moment when property has been abandoned. Instead, there can be a series of identifiable events, any one of which could reasonably indicate that a debt has been discharged.

 

IRS Encourages Filing

 

A financial institution is required to send out the 1099-C upon the happening of certain “identifiable events”.  Some identifiable events like a “discharge of indebtedness under title 11 of the United States Code” will have a clear date.  One of the “identifiable events” is a little vague:

 

“A discharge of indebtedness pursuant to a decision by the creditor, or the application of a defined policy of the creditor, to discontinue collection activity and discharge debt.

 

This is where things get a little sticky.  If the owner of the indebtedness has decided that you are not worth chasing currently, but may be in the future, should you be issued a 1099-C ?

 

“The Internal Revenue Service does not view a Form 1099-C as an admission by the creditor that it has discharged the debt and can no longer pursue collection. Section 1.6050P-1(a) of the regulations provides that, solely for purposes of reporting cancellation of indebtedness, a discharge of indebtedness is deemed to occur when an identifiable event occurs whether or not an actual discharge of indebtedness has occurred on or before the date of the identifiable event.

 

Talk About Confusing

 

So the rule is that the financial institution should send you a 1099-C, which will prompt you to report income and pay tax on it, even thought the institution might decide to chase you for the debt in the future.  The Reeds were upside down on a property that was foreclosed by the First Tennessee Bank.  The property had a fair market value of $262,500 and a loan balance of $267,574.18 so Form 1099-C was issued in the amount of $5,074.18.  Then on April 8, 2011 the Bank filed a lawsuit to collect the $5,074.18, which had grown to $12,075.17  with interest and attorney fees.

 

The Ruling

 

The Reeds filed for bankruptcy in January 2012.  The bank filed a claim based on the prior lawsuit.  The amount had now grown to $18,824.71.  The Reeds argue that the Bank had thrown in the towel when it issued the 1099-C.  The Bank, relying on the IRS guidance, argued that the 1099-C was not an admission that the debt was no longer due, but rather an effort to be in compliance with reporting regulations.

 

The Court ruled against the Bank:

 

“It is inequitable to require a debtor to claim cancellation of debt income as a component of his or her gross income and subsequently pay taxes on it while still allowing the creditor, who has reported to the Internal Revenue Service and the debtor that the indebtedness was cancelled or discharged, to then collect it from the debtor.  …… The court does not agree with the argument that because a Form 1099-C can be corrected or amended, it cannot constitute an admission by a creditor that a debt has, in fact, been discharged or cancelled and that the debtor is no longer indebted thereon.

 

Compliance Problem

 

I like the Court’s ruling from a common sense perspective for regular people.  It does present something of a compliance problem, though.  If somebody gets paid as an independent contractor and the payer fails to file 1099-MISC, it is reasonable for the IRS to still pursue the payee, since the payee has clear knowledge that a taxable event has occurred in that year.  How are you supposed to know to report COD income in any particular year ?  How is the IRS supposed to know that COD income should be pursued ?

 

If this ruling stands, financial institutions will be encouraged to delay having an identifiable event as long as there is the dimmest hope that something might be collected.  1099-C when finally issued will be a blast from the past to the recipient, who if they are diligent will probably be able to come up with an argument that the debt expired in a much earlier year.

You can follow me on twitter @peterreillycpa.

 

After-note: I’ve been trying to work out what it is you would do, if you paid tax on COD in one year and then had to pay the debt in some future year.  I’m thinking “claim of right”, but it gives me a bit of a headache.  Maybe one of my commenters has an idea.

Link to comment
Share on other sites

Clear as mud is right.

The case listed above is interesting. The IRS is saying OC and JDB cannot double dip? And if the debtors declared bankruptcy isn't it all moot?

I hope I'm ok as SOL has run out on OC. I think.

Cavalry has reported to my credit report multiple times. I know this as I have a "protect my identity" account from when my works computers were compromised. Most people would not know they were doing this until they go for credit check.

As this point I need to dispute: they could not prove I owe that amount. But sorry this is a whole other topic from 1099s.

I cannot wait until this will be all behind me. It all started from when b of a slammed me in 2008, right before it became illegal.

Thanks for your comments. This site is so helpful.

Link to comment
Share on other sites

You have a unique situation. They dismissed and now report the amount the claimed in the suit.

 

§ 623 Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

 

Since they dismissed their suit you could claim they have reasonable cause to believe the information is incorrect. You will approach this in a sense that they dismissed the suit because they did not at the time of the suit have enough evidence to prove their case and the amount they claim. Since they did not prove it in court and they dismissed they have a reason to believe.

  • Like 1
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.