Tampa Bankruptcy Attorney Gina Rosato

IS A “CHARGED OFF” DEBT STILL COLLECTABLE?

If you have a debt that has been “charged off” this means that your original creditor has written your debt off their books. However, this DOES NOT mean that you are not responsible for the payment of the debt. Creditors often sell individual debts to third party collection companies whose business is debt collection.  The collection company will first contact you in an attempt to collect the debt and if unsuccessful will take further actions such as filing a lawsuit and obtaining a judgment. After a judgment is entered, the creditor has the power to garnish wages, seize assets, or assert a lien against your property.

If you are uncertain whether or not an “old debt” is still valid, you should pull a credit report to obtain the date of your last payment to each creditor to determine whether the time has expired for the creditor to collect against the debt.   If you are dealing with a creditor pursuing a debt that has been “charged off” or old debt and want to evaluate whether or not the debt is valid feel free to contact me to discuss your options.