Silver1

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About Silver1

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    TX
  1. Update: No response, no nothing at this point. No communications from them at all. I think it was a fishing expedition. But I'm considering my next step and welcome all suggestions. :0) Assuming they do not show up on my CR - I am trying to give it 30-60 days to see if it shows up on there - I may send a copy of the letter and a complaint to the FTC and perhaps leave it at that but I haven't decided. Would love to hear your thoughts on this. Thanks all!
  2. Wow, you guys are awesome!! Okay, in looking at this letter, there is only one page, writing only on the front. There isn't anything on there about, "this is an attempt to collect a debt, any information we get will be used for that, you have thirty days, etc...". I'm not certain about this 'debt' because there's nothing on there that says what it is for, who the creditor is, etc. There is no 'mini-miranda' on this one. The letter is one page, nothing on the back, looks like 'law firm' nice paper stock. As far as this one goes; there are some old things I had that are going on six to seven y
  3. Good idea - since time is of the essence I think I will go for the DV first. This is the first time I am hearing from them; I've never had any prior communications from this place before, but I know they will write they contacted you umpteen times when they haven't. Thanks all
  4. Got a letter I thought was from an attorney - okay, it sure seems like an attorney's letter, and I just assumed it was until I really looked at the name - I cut the actual name, of course. With a name like that I am not sure if this is an attorney or not but the rest of the letter seems to say that this is a law firm? Nameless and Associates, LLC (they are in CA - I am in TX) Nameless and Assoc LLC vs. Silver 1 case #12345 amount owed $$$$$$ Don't know who the original creditor is, it doesn't say anywhere. Just an amount owed, so I am clueless as to what this is supposed to be about. The amou
  5. A guy from "E.R.S." keeps calling me and leaving messages that I need to contact him today on an urgent matter. I've not received a dunning letter to date. When he leaves messages it sure sounds to me like he tries to pronounce it so it sounds like he's saying "IRS". I realize they're New York and I'm from Texas, and maybe we just have a little accent difference going on, but this is a collection agency after all. I've tried to find their website but keep coming up short. There's more than one "ERS" in the New York area and I've tried google, but I'm not sure which one it is. The phone number
  6. Thanks, Recovering ;0) I think that I am going to do just that. I can't imagine that they think someone isn't going to open a piece of mail that has their name on it, whether it says "care of" or not. She's mailing it to me. Thanks all! 0) I will let you all know how things turn out.
  7. Yes, that is true. However, I have never lived at that address where they sent the dunning letter to my relative. I can't see how they made a connection to send it there when my address history (which they obviously have, since I received a letter right around the same time) is available to them. If the letter is addressed to , "Silver1, c/o Silver1's relative" - wouldn't the relative be able to open it? I guess I'm not certain on whether or not "care of" would allow someone to access that piece of mail? I'm wondering about odds of success if I take it to court. I don't want to just throw a la
  8. This is one I haven't heard of before, but it just happened. A relative called me to say she received a collections notice addressed to me, but it went to her. We do not have the same name, address or anything like that. I received the initial collection notice yesterday in the mail. She says she pulled her copy out of her mail Wednesday. The collections notice she received is identical to what I received, except it says, "Silver1, c/o Silver1's relative", and the relative's mailing address. The collections letter that I received in my mail says, "Silver1, c/o Silver1's husband" with my curr
  9. Kitt, so sorry you are going through this nightmare. Have you considered BK as a possible solution? I know it trashes your credit for ten years but it might help you with some of the immediate problems you are facing, and might be the lesser of the evils you are looking at right now with the possible sale deficit for the auction of the vehicle, pending eviction, etc. Filing BK with the help of an attorney (costs money, I know, but if you google search for free legal aid in your area you might just qualify for free legal help.) might temporarily stay some of the more pressing, immediate problem
  10. Getting ready to send a FOAD letter to Midland. Opinions? :0) "Enclosed please find a copy of abstract of judgment from XX Court dated XXXX. As per this Court's ruling, the debt you reference in your collection letters dated XXX and XXX 2009 was extinguished through these court proceedings with #1 JDB. In your letter of XXX date you indicated your firm had purchased this debt from #1 JDB; however, at the time of your referenced purchase of this alleged debt in XXX 2009, this claim was already extinguished by the above-referenced Court in XX County, Texas in XXX 2008. Please make note of this
  11. Thanks! And I'm certain it wasn't a coincidence that it was mostly on debtor lawyer and collection agency websites that they listed 6 years as the SOL, period, for promissory notes in Texas. I'm still researching but I think that the business code has the 6 year limit on promissory notes and the TX Civil code has 4 year statute of limitations for promissory notes (non-business), period. If I find differently I'll post my findings.
  12. Shockingly, I saw it on a debt collector's website. ;0) I went searching for statute of limitations on promissory notes in Texas, and as I sifted through the search results, some places listed the SOL as 4 years, and in a few places including some private attorney websites, as 6 years. I also found this: http://www.13thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=11826 This one was fairly convoluted though, but it identifies Tex. Bus. & Com. Code Ann. ยง 3.118(a) (Vernon Supp. 2002) as the origin of the 6-year timeline. But I thought that this statute applied to business deali
  13. I've found conflicting information about the SOL of promissory notes in TX; some sources say it's 4 years, some claim it is 6 years. When I looked up the actual civil statutes for TX, it doesn't say anything beyond the 4 year SOL. The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)). Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific
  14. As I understand it, if you are currently making payments and the SOL in CA is 4 years (and you should probably double check this just to be sure it applies to the type of account this is) then you aren't near the SOL. The debt would need to go unpaid (no payment activity at all) for 4 years, and upon the expiration of the 4 year timeline, the debt would then likely be SOL. It does not stop it from being reportable on your CR, though, but it does give you a defense against collections. Since you are already paying you might try to negotiate with them for lower payments, a lower lump sum paymen