Yes. It is a common misconception that "charged off" debts are those upon which creditors have given up collection efforts. That is not the case. If a creditor charges off (or writes off) a debt, it is doing that for accounting purposes, not because it is forgiving the debt. This usually happens about six (6) months after you default, and marks a transition in how the creditor is dealing with the outstanding balance that you owe. From there it will most likely refer it to a collection agency or sell it to a factor (a company that buys debt at a discount and then collects the debt for a profit).

Debts continue to be collectible despite what a credit report might say until a particular state's Statute of Limitations bars it from being collected in court. Then you have some defense against the collection of old debt. Until then, the collectors will still call, and the lawyers can still file suit. Don't be lulled into a false sense of security.

If a creditor were truly to forgive the debt, you would have received a 1099 for debt forgiveness income because the IRS sees that as taxable! Not exactly good news! Debts that are charged off on your credit must still be listed in a bankruptcy, so that they can properly be discharged. If you have questions about debts listed on your credit, please contact my office to schedule a consultation.

The Law Office of Steven J. Richardson serves New Jersey, including:  Gloucester, Camden, Burlington, Salem, Cumberland and Atlantic Counties and surrounding New Jersey communities, including Woodbury, Colonial Manor, North Woodbury, Woodbury Heights, Deptford, Thorofare, Gloucester City, Washington Township, Blackwood, Brooklawn, Westville and Pitman.

Richardson Law Offices
40 Newton Avenue
Woodbury, NJ 08096
Phone: (856) 686-9910
Fax: (856) 686-9911