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Credit Charge-off - What is it and how to remove it?

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 24th Nov, 2005 12:39pm
When you're unable to pay off a debt, the creditor may issue a credit charge off. A charge off doesn't mean that the debt is cancelled or forgiven. It's not that you no longer owe the debt. Credit charge off implies that the unpaid debt will be reported as the creditor's loss when he uses accounting methods for tax purposes.

The creditor may feel that he cannot collect the debt from you; he may write off the account as a bad debt. But he doesn't lose the right to collect the debt. And, even if the creditor does not try to collect an unsecured debt (like credit card, personal loan, etc), he may sell it off to a collection agency (CA), which will then set off to collect the debt.


How to remove charge off from credit report

Usually credit charge off occurs when payments aren't made for more than 6 months. And, it does have a negative impact on your credit report as it stays on the report for 7 years and 180 days from the date of first non-payment of debt. So, what you need to do is, negotiate with the collection agency and try to remove the charge-off from your credit report.

If the creditor has charged off your loan recently, then request him to pull back the debt from the collection agency. Explain that you wish to deal with the creditor directly. Once the debt is pulled back, you can negotiate with creditor to settle the debt for as much as you can pay. You should also negotiate a pay for delete agreement such that even though you don't pay mortgage balance in full, the lender would communicate with the bureaus and have all information on the account removed from your report. If the creditor doesn't want a pay for delete agreement, then request him to update your account status as "Paid charge off".

However if you try to settle the debt by making a partial payment, then the creditor may report it as "Settled Charge off". A "Paid" or "Settled" charge off on a mortgage debt helps to remove the lien from the house title.


SOL and credit charge off

As long as the SOL (Statute of Limitations) period exists, the creditor/collection agency can file a lawsuit against you and try to retrieve the unpaid debt, even after charge off. But after the SOL period (4 to 6 years, varies from state to state) expires, there'll be no lawsuit against you but the creditor or collection agency still has the right to collect from you. However, if debtors make a written promise to pay off the debt or make partial payment after the SOL expires, then in many states, the SOL starts over again.

If you have a charge off on your credit report and wish to get a mortgage, the lender would expect you to pay it off and then go for the mortgage. This is because a mortgage charge off implies there is still a lien existing against the title and the lien can only be removed once it is paid off.
Posted on: 24th Nov, 2005 12:39 pm
Can I get some information on Charge Offs?
What does it mean when a loan company charges off the amount on your credit but keeps the debt in house and uses a third party company to collect the debt. Is that not just as bad. And after the debt is paid is it considered a charged off paid account. So the creditor get the tax advantage and gets to keep the money you pay in?
Posted on: 08th Jan, 2014 06:27 pm
Hi Cherie!

Welcome to the forums!

Charge off doesn't mean that the debt has been forgiven. Rather it means that the lender will not collect the dues. He has sold off the account to a third party collection agency. Now, it is the collection agency who will collect the dues. Collections does have a negative impact on your credit.

Feel free to ask if you've further queries.

Sussane
Posted on: 08th Jan, 2014 09:40 pm
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