confused_in_texas Posted March 5, 2011 Report Share Posted March 5, 2011 Live in TexasOk.. heres my deal. Sometime in January of this year I received a letter from a collection agency (Encore Receiveable Management, INC.) basically saying that I owed a debt and had 30 days to dispute the debt. Later I sent them a DV letter Certified Mail return Receipt. They received the Letter on the 18th of January and it was signed for. I did not hear back from then within 30 days and still have not heard anything from them. My question now is, "what is my next step?" Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 5, 2011 Report Share Posted March 5, 2011 Live in TexasOk.. heres my deal. Sometime in January of this year I received a letter from a collection agency (Encore Receiveable Management, INC.) basically saying that I owed a debt and had 30 days to dispute the debt. Later I sent them a DV letter Certified Mail return Receipt. They received the Letter on the 18th of January and it was signed for. I did not hear back from then within 30 days and still have not heard anything from them. My question now is, "what is my next step?"Just wait. But meanwhile educate yourself by reading the relevant threads on this site. A CA can respond, if they do, in their own good time. Months could go by.If it were I, I would ascertain where Encore is located, in Texas or elsewhere. If elsewhere, then I would be alert if there should be another dunning letter, this time from some outfit in Texas. In all likelihood, that would signal the Encore has "subcontracted" instead of validating. Personally, I would also contact my OC and ask who is representing them.It's all a rather "cat n mouse" game.... Link to comment Share on other sites More sharing options...
confused_in_texas Posted March 5, 2011 Author Report Share Posted March 5, 2011 Just wait. But meanwhile educate yourself by reading the relevant threads on this site. A CA can respond, if they do, in their own good time. Months could go by.If it were I, I would ascertain where Encore is located, in Texas or elsewhere. If elsewhere, then I would be alert if there should be another dunning letter, this time from some outfit in Texas. In all likelihood, that would signal the Encore has "subcontracted" instead of validating. Personally, I would also contact my OC and ask who is representing them.It's all a rather "cat n mouse" game....Did not see where they have an office located in Texas. Basically, I am just trying to buy time because I think the SOL for this debt is September 2011.If I contact my OC wouldnt that restart the SOL Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 5, 2011 Report Share Posted March 5, 2011 Did not see where they have an office located in Texas. Basically, I am just trying to buy time because I think the SOL for this debt is September 2011.If I contact my OC wouldnt that restart the SOLSince it's so close, I might not contact the OC, either. However, if I received another dunning letter from in-state, I'd probably contact the OC concerning who represented them. What restarts SOL can vary from state to state. While I'm not 100% sure, I don't think just a representational inquiry to an OC would restart the clock, since I would not be admitting, or paying, or agreeing to a payment plan, etc. That said, don't take my word for it. Someone may know definitely on the forum, and will, hopefully, chime in. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted March 6, 2011 Report Share Posted March 6, 2011 You DVd timely within the 30 days...and yes they can take as long as they need to to get back to you, but during that time they aren't allowed to try and collect on the debt again. Regarding contacting the OC....I have not heard of a single state in which a simple contact with an OC would restart the SOL. HOWEVER, I have heard of states that have an SOL restart based on a promise to pay. You said you "think" the SOL is up in September.....SOL for debts in Texas is 4 years....so if you defaulted on or before September 2006 you would be right. Just remember, SOL is different than the amount of time something is allowed to stay on your CRs. Link to comment Share on other sites More sharing options...
mad as hell Posted March 7, 2011 Report Share Posted March 7, 2011 I have had lots of experience with this issue, this has happened to me 5 times in past year. I sent a stern DV letter and months go by then I get another letter from a differencty agency dont call them let it sit for and see what happens, chances are they will just pass it on to another CA Link to comment Share on other sites More sharing options...
confused_in_texas Posted March 10, 2011 Author Report Share Posted March 10, 2011 You DVd timely within the 30 days...and yes they can take as long as they need to to get back to you, but during that time they aren't allowed to try and collect on the debt again. Regarding contacting the OC....I have not heard of a single state in which a simple contact with an OC would restart the SOL. HOWEVER, I have heard of states that have an SOL restart based on a promise to pay. You said you "think" the SOL is up in September.....SOL for debts in Texas is 4 years....so if you defaulted on or before September 2006 you would be right. Just remember, SOL is different than the amount of time something is allowed to stay on your CRs.I did check my credit report and it says date of last payment was september 2007 so am I correct in that the SOL would be September of this year Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 10, 2011 Report Share Posted March 10, 2011 I did check my credit report and it says date of last payment was september 2007 so am I correct in that the SOL would be September of this yearhttp://www.creditinfocenter.com/rebuild/statuteLimitations.shtml Link to comment Share on other sites More sharing options...
confused_in_texas Posted March 11, 2011 Author Report Share Posted March 11, 2011 http://www.creditinfocenter.com/rebuild/statuteLimitations.shtmlI have another debt on my credit report in which the date of last payment is Dec 2007. I received a letter the other day in regards to this debt from the credit card company stating, "The above account has been charged off. The balance of $xxxx is immediately due and owing."Has anybody else ever received something like this? No letter saying I have 30 days to dispute the debt. This is the first letter I have gotten from them. Is the SOL set to run out in Dec of this year or does their letter stretch the SOL to 2015? Link to comment Share on other sites More sharing options...
BV80 Posted March 11, 2011 Report Share Posted March 11, 2011 If I'm not mistaken, the SOL for collections in Texas is 4 years. What do you mean when you ask if their letter stretches the SOL to 2015? Are you asking about the SOL for credit reporting? Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 11, 2011 Report Share Posted March 11, 2011 It can be confusing. "State to state..." "Significant event..." "Date of last Activity...." "Date of Charge-off.." I found the following. Does it make sense?The time limit is based on the date of the original delinquency (i.e. when the debtor missed a payment and never again became current), not the date of the last activity. However, I have read discussions that go to the "charge-off" dates, especially liked by the plaintiffs.... Link to comment Share on other sites More sharing options...
BV80 Posted March 11, 2011 Report Share Posted March 11, 2011 The time limit is based on the date of the original delinquency (i.e. when the debtor missed a payment and never again became current), not the date of the last activity. From what I've read, the above quote is correct. The SOL begins when the account goes into default. Default occurs when a payment is due, but no payment is ever made. For instance, if a payment is due on March 1, but you miss that payment and never make another payment, the account went into default on March 1. Link to comment Share on other sites More sharing options...
confused_in_texas Posted March 20, 2011 Author Report Share Posted March 20, 2011 Live in Texas Last August 2010 I received a Letter from Rausch, Sturm, Israel, Enerson, and Hornik that stated "the above referenced account has been referred to this office" and that I had 30 days to dispute the debt. The Client name was listed as GMAC INC. I sent them a DV letter within the 30 days and didn't hear back from them.Today, March 19, 2011, I received another letter from them that stated "we have recently been advised that the previous letter sent you referencing the subject account listed an incorrect creditor." It also states that I have 30 days to dispute the debt. The client name now says Allied Financial INC. f/k/a GMAC INC. I know Allied Financial bought GMAC but didn't they do so before August 2010? Do I need to send another DV letter for the same account just because they errored in the client information they sent to me? Link to comment Share on other sites More sharing options...
BV80 Posted March 21, 2011 Report Share Posted March 21, 2011 GMAC changed it's name to Ally Financial in May, 2010. Rausch made the mistake. BUT, who knows how a judge would look at it. You could DV again just to cover your bases. Link to comment Share on other sites More sharing options...
confused_in_texas Posted March 21, 2011 Author Report Share Posted March 21, 2011 GMAC changed it's name to Ally Financial in May, 2010. Rausch made the mistake. BUT, who knows how a judge would look at it. You could DV again just to cover your bases.I thought that I had read somewhere either on the internet or through this site that they had changed their name in middle of 2010. Just to cover my butt I will send another DV letter and see what happens even though they goofed. I have saved both letters just in case they want to take me to court. The first letter had an Abilene, TX address on it and I sent the DV letter their main office in Wisconsin, but the second letter has an Addison, TX address on it (few miles from my home--- they are getting closer) so should I send the DV letter to Addison or Wisconsin? Link to comment Share on other sites More sharing options...
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