Debts may be canceled in a variety of ways, including through negotiations between the creditor and the debtor, debt relief programs, and personal bankruptcy. Debts forgiven by a creditor are generally considered taxable income.
Yes it does actually work. Collectors rarely actually validate the debt because most of the debts in fact are not valid. Some just back off because receiving a well worded debt validation letter means you have consulted the FDCPA (or at least a good debt/credit forum) and know what you're doing.
Explain that you are unable to pay the debt due to (detail your hardship). or, if you are lucky, might accept it. Get your terms in writing before you send any payments. Keep a copy for your records.
The key to achieving debt forgiveness, though, usually lies in proving genuine financial hardship through documentation of your current financial situation. This might include providing evidence of job loss, medical emergencies, disability or other circumstances that have severely impacted your ability to pay.
I enclose a copy of my financial statement. This shows my income and expenses. You will see from this information that I am unable to make any offer of payment. Unfortunately, my circumstances are unlikely to improve in the foreseeable future and I have no assets to sell to help clear my debt.
Lenders apply debt forgiveness in several ways, including through directly negotiated settlements or government programs. You can also approach industry professionals such as debt counselors to assist with repayment plans. However, it's important to keep in mind that debt forgiveness is relatively rare.
A hardship letter explains to a lender the circumstances that have made you unable to keep up with your debt payments. The letter provides specific details such as the date the hardship began, the cause and how long you expect it to continue. Many creditors will require a hardship letter if you request help.
Once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.
When it comes to credit card debt relief, it's important to dispel a common misconception: There are no government-sponsored programs specifically designed to eliminate credit card debt. So, you should be wary of any offers claiming to represent such government initiatives, as they may be misleading or fraudulent.
How to File Form 1099-C: Cancellation of Debt. When you receive the form, you must report the amount from Box 1 on your income tax return on the “Other income” line of your Form 1040 or 1040-SR. Note that you must include the canceled debt in your income even if it's less than $600 and you don't receive Form 1099-C.
Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
As you can see my our situation is very unlikely to improve in the future and my our continued high debt level may have a serious effect on my our physical and mental wellbeing. I We would be grateful if you would seriously consider my our request to write off the debt. I We look forward to hearing from you.
When you write the hardship letter, don't include anything that would hurt your situation. Here are some examples of things you shouldn't say in the letter: Don't say that your situation is your lender's fault or that their employees are jerks. Don't state that things will likely turn around for you.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Even though your card issuer "writes off" the account, you're still responsible for paying the debt. Whether you repay the amount or not, the missed payments and the charge-off will appear on your credit reports for seven years and likely cause severe credit score damage.
Updated September 5, 2019 — The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence.