dismissal with prejudice then 1099c issued?

[jc225]

Hello All

Newbie here ,Need some help please

From 2008-2010 I battled in court with capital one (plaintiff) debt for 9,604.00.The debt was not mine and I stated that all through the proceedings.

Finally came trial day.The plaintiff tried to settle with me for 500.Sounds good if the debt was mine,I declined.They had no proof whatsoever that this debt was mine.After 2 years of dealing with this in court and they had no proof,go figure.

When we appeared before the judge on day of trial,the plaintiff motioned for dismissal.I then made moved for a motion for dismissal with prejudice and explained to the judge that the plaintiff dragged this out for 2 years with no proof that this was mine,what I had stated it was not my debt since the beginning.Also brought up the fact that I had case dismissed once before for the plaintiffs failure to appear,which they did multiple times throughout the 2 year ordeal.

The judge granted me the dismissal with prejudice ,the plaintiff take nothing.

This week I received a 1099c from Capital one for the 9,604.00.

 

Can they do this?

 

I have read on other threads that if both parties agree upon a dismissal with prejudice that a 1099 c it is possible.

 

We did not mutually agree for the dismissal.I made the motion to the judge and it was granted.

 

It states on the dismissal paperwork:On the above action,upon plaintiffs unopposed motion or request to dismiss.........that this action be dismissed and the plaintiff take nothing........Judgement of dismissal is with prejudice.

 

Is this IRS fraud on capital ones part?

 

I called the tel # on the cap1 1099c and they said they would pass it on to the correct dept and I should call back in 3-5 business days

 

Any help anyone can offer is greatly appreciated

Many thanks

[CB Owners]

Welcome to CreditBoards! We hope that you find what you're looking for here.

 

Some helpful tips:

 

• Your post may not get a reply right away. Don't be discouraged, this is a very busy board. If it falls off of the first page, feel free
  to reply to your post yourself, with the word *bump* in the text. This will *bump* your post back up to the top of the board.
  
• If you haven't yet, take a peek at out Newbies Section.
  Everything that you need to know is in that forum, for the most part! It's a lot of reading, we know, but this credit stuff can have a steep learning curve. In no time, you'll be posting like the pros!
  
• If you find that someone is discourteous to you, use the REPORT button at the bottom of every post - that will ensure that a moderator or admin looks at the post and decides if it is against the TOS.
  
• Off -topic posts should go in the General Forum.
  

 

Again, welcome to the CreditBoards family!

 

CB Admin: LKH, Pam, radi8, breeze

CB Mods: CargoJon, Chris in OK, cotterpin, CramItCCCAs, Fallon, MarvBear, CtSoxFan, pryan67, psp, Stryker, TrevorHere

Forum Leads: brazen, Brian B The Loan Professor, cedski, DallasLoanGuy, hoapres, ICANHASMUNY?, Lighthouse84, Linx04, TeeSharice

[brainchasm]

Without having proven in court or any other method that the debt was yours, then yes, them issuing a 1099-C was fraudulent.

 

Report it immediately to the IRS!

[beli]

Without having proven in court or any other method that the debt was yours, then yes, them issuing a 1099-C was fraudulent.

 

Report it immediately to the IRS!

How would the OP go about it tho? Is there a section on 1099c that you can file with the Irs saying the debt was not theirs and case was dismissed w/ prejudice?

[road2freedom]

Maybe 3949-A?

 

http://www.irs.gov/individuals/article/0,,id=106778,00.html

[cashnocredit]

Without having proven in court or any other method that the debt was yours, then yes, them issuing a 1099-C was fraudulent.

 

Report it immediately to the IRS!

How would the OP go about it tho? Is there a section on 1099c that you can file with the Irs saying the debt was not theirs and case was dismissed w/ prejudice?

 

It's like any other 1099 issued in error. Request the issuer to correct the 1099-C.

 

In the interim the OP can also attach an explanation that the 1099-C was issued in error. They can attach a copy of the court's dismissal and defense that the debt was not theirs.

[jc225]

*bump*

[jc225]

*bump*

[ICANHASMUNY?]

bump for what?

 

you recieved very good advice.

 

if you don't understand, ask a new question.

[Why Chat]

Hello All

Newbie here ,Need some help please

From 2008-2010 I battled in court with capital one (plaintiff) debt for 9,604.00.The debt was not mine and I stated that all through the proceedings.

Finally came trial day.The plaintiff tried to settle with me for 500.Sounds good if the debt was mine,I declined.They had no proof whatsoever that this debt was mine.After 2 years of dealing with this in court and they had no proof,go figure.

When we appeared before the judge on day of trial,the plaintiff motioned for dismissal.I then made moved for a motion for dismissal with prejudice and explained to the judge that the plaintiff dragged this out for 2 years with no proof that this was mine,what I had stated it was not my debt since the beginning.Also brought up the fact that I had case dismissed once before for the plaintiffs failure to appear,which they did multiple times throughout the 2 year ordeal.

The judge granted me the dismissal with prejudice ,the plaintiff take nothing.

This week I received a 1099c from Capital one for the 9,604.00.

 

Can they do this?

 

I have read on other threads that if both parties agree upon a dismissal with prejudice that a 1099 c it is possible.

 

We did not mutually agree for the dismissal.I made the motion to the judge and it was granted.

 

It states on the dismissal paperwork:On the above action,upon plaintiffs unopposed motion or request to dismiss.........that this action be dismissed and the plaintiff take nothing........Judgement of dismissal is with prejudice.

 

Is this IRS fraud on capital ones part?

 

I called the tel # on the cap1 1099c and they said they would pass it on to the correct dept and I should call back in 3-5 business days

 

Any help anyone can offer is greatly appreciated

Many thanks

Write them and tell them that you are filing an FDCPA complaint against them and filing this:

 

http://www.irs.gov/pub/irs-pdf/f3949a.pdf

[ICANHASMUNY?]

Oh, thats good.

 

I'm keeping a copy, just in case.