Debt

Charge-Off When a creditor writes off a debt as uncollectible — but the debt still exists and can be collected

Tony Hernandez reviews this page for factual accuracy as an independent editorial reviewer. Tony Hernandez is President of New Era Debt Solutions, a debt-settlement company, and receives no compensation and no consumer inquiries or referrals from Dreamy Leads Research; inquiries submitted on this site are not sent to Tony Hernandez or New Era Debt Solutions. Pages that name New Era Debt Solutions, and company-versus-company comparison pages, are not reviewed by Tony Hernandez. His certification is shown as published by the International Association of Professional Debt Arbitrators and can be verified there.

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A charge-off occurs when a creditor — for credit cards, generally at 180 days past due under federal banking policy (FFIEC) — declares an account uncollectible and removes it from their balance sheet as a loss for accounting and regulatory purposes. Despite the name, the debt is NOT forgiven or eliminated. The creditor retains the right to sue for the balance, and may sell the charged-off account to a debt buyer or collection agency. The collection agency then pursues the full balance, often for years. The charge-off can be reported for seven years, counted from 180 days after the delinquency that led to it, not from the charge-off date (15 U.S.C. § 1681c), and it lowers credit scores. Whether interest and fees keep accruing after charge-off depends on the agreement and state law; a creditor that charges off an account and stops adding them no longer has to send monthly statements (12 CFR 1026.5(b)(2)(i)).
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  1. Even though the original creditor charged off the debt three years ago, the statute of limitations clock in Georgia had not yet run, meaning the collection agency could still sue for the balance.
  2. Settling a charged-off account for less than the full balance can bring a 1099-C if $600 or more is forgiven — consult a tax advisor about the IRS insolvency exclusion before negotiating.

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