Using an Unrebutted Affidavit and UCC § 3-505 to Cancel Debt and Claim a Bad Debt Deduction Under IRS Topic No. 453

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In the world of finance and law, silence equals acquiescence. When you send an affidavit stating the facts surrounding a debt and the other party fails to rebut it, the debt is legally and commercially considered agreed upon as stated. If a full administrative process has been completed—culminating in an Affidavit Certificate of Non-Response in accordance with UCC § 3-505, the debt can be classified as uncollectible. Under IRS Topic No. 453 (Bad Debt Deduction), you can then legally write off the debt and, in some cases, recover the amount as a credit—similar to a 1099-C (Cancellation of Debt).