Silver1

Members
  • Content Count

    220
  • Joined

  • Last visited

Community Reputation

10 Good

About Silver1

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    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 years old, but I'm not recalling anything newer than that. The amount of money cited on the notice is throwing me off though. I honestly am not sure if it is mine. If they had put any creditor information I could likely know whether or not they even have the correct person. Okay, so I am putting together a VOD letter (using samples here - yay!) and plan to give them 10 days to respond to my request. I will send certified, return receipt requested. Is ten days too much? I also will make sure to mention in the letter I haven't gotten any prior communications, and the only one I'm aware of is this current one. Thank you all very much!!
  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 amount runs into the thousands, though. LITIGATION NOTICE You have chosen to ignore our previous attempts. (well, this is the first I'm hearing from them) You are hereby notified that a recommendation to file a lawsuit to collect this debt may be the next step resulting in a judgment against you. A judgment is a serious legal matter. Methods to collect are available to us. These include wage garnishment against you, your spouse, domestic partner levy on your bank accounts/safe deposit liens on your personal property and real property suspension of your real estate, contractor or driver's license under certain circumstances any of the methods mention above can be used to enforce a judgment until the total amount is paid. you will be required to pay Nameless and Assoc LLC a 10% interest on the unpaid balance of this judgment plus atty fees, court costs and processing fees. Judgments are valid/enforceable for ten years. To avoid further legal action you need to contact our offices within ten days of this notice. otherwise we will assume you will not pay the debt and litigation will be commenced immediately. Govern yourself accordingly. Name Legal Administrator I tried looking this place up, and can't find them. I will likely contact the atty I consulted a while back on a similar problem for some advice, but curious about the forum's opinions. Thanks all!
  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 on the caller ID started out with a Texas number local to my area (but on the message they left a NY phone number) and now the caller ID reflects NY number: 716-862-2900 Edited to add: I've been receiving the calls since February..... What agency in NY licenses these folks? I will do some more checking but wanted to see if anyone else has had dealings with them and the funky message that sounds like they're saying "IRS". Thanks all!
  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 lawsuit out there without being sure I can hang my hat on this. Thanks all!
  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 current, correct mailing address. I've been at this address for better than ten years. Basically, the collections agency sent this relative an identical copy of the collections notice I just received in the mail for something they say I owe? This debt is also SOL by 2 years. (I'm in TX) Why are they sending a collections notice intended for me to one of my relatives, and not just calling them to get a line on my address, but the full text of the collections letter that I just received? I plan to send a C&D... Thanks!
  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 problems such as the eviction. BK might also help with any possible collections against you for a remaining balance after the vehicle is auctioned. Have you considered this? Stay in touch - sometimes just keeping in contact with others can give you a good nugget of information for your plan of action to navigate through this. Let us know how you're doing. Take a deep breath - first off, don't navigate this alone or start calling, sending letters, etc. Get that lawyer to help you do this so that your interests are protected; interests and rights you might not even know you have at this point. Best of luck - hang in there. Let us know how you are doing.
  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 for your records immediately. Any notations referencing this invalid claim that may appear on any of my Credit Bureau reports are to be removed by your agency within ten (10) days of this notice. Should this not occur I will not hesitate to pursue legal action for these violations of the FCRA and FDCPA." Short and simple. A copy of the abstract of judgment will be included, all sent CMRRR. I'll check up on the credit bureaus in 12 days and see if they have complied. The 'validation' they sent was a printout from their own databases. Even if there had been no prior extinguishing of the claim by the Court last year, based on my calculations (big one, I know, but I'm pretty certain of the date) this debt became time-barred literally last week. If I am interpreting the Texas statute correctly, the SOL is 4 years in Texas. If they have until 4 years after the day the cause of action accrues, which is - I guess - the day you first become delinquent, then it is time-barred. If payment was due on December 1 and payment is not made (and not made for 4 years thereafter), then the cause of action "accrues" on December 2nd - at least that's the way I interpreted it. So if they don't bring action by December 2nd 4 years later, I would think it is then time-barred. I'm not assuming for sure at this point, but if that is correct then it is time-barred anyway. I plan to send the letter and see what happens...
  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. § 3.118(a) (Vernon Supp. 2002) as the origin of the 6-year timeline. But I thought that this statute applied to business dealings only, whereas a non-business promissory note would be subject to the 4 year SOL that exists across the board in TX. I've also found a lot of differing information on the meaning of this section: 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 performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of fiduciary duty. ( A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian. © A person must bring suit against his partner for a settlement of partnership accounts, and must bring an action on an open or stated account, or on a mutual and current account concerning the trade of merchandise between merchants or their agents or factors, not later than four years after the day that the cause of action accrues. For purposes of this subsection, the cause of action accrues on the day that the dealings in which the parties were interested together cease. "not later than four years after the day that the cause of action accrues" I've seen interpretations of this ranging from literally the day after the account became delinquent; meaning the day after the last payment was due (1 day late is 1 day late..) when the account became 30 days delinquent, etc. I take this language to mean, for example, that if there was a payment made on, say, December 1, 2002, and scumbag JDB tries to file suit on December 2nd, 2006 in TX, the debt is SOL; assuming the person didn't leave TX and toll the SOL at some point. Has anyone had any better interpretation of the "4 years after the day that the cause of action accrues"? Thanks!
  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 performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of fiduciary duty. ( A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian. © A person must bring suit against his partner for a settlement of partnership accounts, and must bring an action on an open or stated account, or on a mutual and current account concerning the trade of merchandise between merchants or their agents or factors, not later than four years after the day that the cause of action accrues. For purposes of this subsection, the cause of action accrues on the day that the dealings in which the parties were interested together cease. Hmm, am I missing something? Where is the statute that says 6 years for promissory notes?
  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 payment to consider it paid in full, and so forth. Good luck! **not legal advice. Just my two cents.***