General Credit Topics

[fender]

Has anyone heard of Silver and Associates, anyone had experience with them?  This is for a 2 year old HSBC charge off of $1000 for an HSBC cc.  They left me a voice mail that sounds like they are going to sue me.  I found something at one point that said this is a collection agency posing as a law firm.  How can I see if they are authorized to collect in my state?  Do you think this is real?

The voice mail said something like "This is XXXX from litigations at silver and associates, we are sending a letter in the form of a complaint to oklahoma county, please do not disregard this message."

This was maybe 3 weeks ago, and they have left messages since saying they are authorized to collect 50% of the amount owed.

There are no judgments on my credit report or public record, any help is appreciated. 

[Chopbrocoli]

They do not have to report, but if I were you, I would check with your county to see if any complaint was issued against you. Looks like they are just an ordinary commercial collection agency and not a law firm. They do however outsource their litigation to law firm. Seems like they are pulling your leg. But be sure to check into it.

[fender]

There is no judgment on my public record, im sure that would show up if they did file a complaint. 

Message Edited by fender on 12-12-2008 08:30 AM

[Chopbrocoli]

Well if you missed your court date or did not respond to the citation issued by your county, then HSBC can motion for a default judgement in their favor, thus appearing in your public records I believe. Yes you do not have anything on your public record because a judgement has not been obtained by a deciding judge. You have the right to respond to their claim (if they did file). If they issued a complaint or filed a suit (which ever they like to phrase), then you would have been issued a citation to appear in court or demanded a written response to their claim. So thats why I am wondering if you called your county to see if a claim was filed against you. If not, then it seems like they are BS'ing you.

[fender]

Ok do I call the court clerk to find this out?

[fender]

Thanks brocoli I called the court clerk, she said the only thing under my name is a marriage liscence.  I guess they are pulling my leg... Isnt that illegal??  I remember reading somewhere that they cant threaten to sue unless they intend to.. this guy flat out said they sent a complaint out, and it would have showed up by now.

[Chopbrocoli]

No problem. And yes, it is a violation of the FDCPA and they cannot threaten to sue unless they were to carry it out. But tell me this, are they trying to collect on a personal or a business debt? If it is commercial business debt, the FDCPA is non applicable.

[fender]

Its personal.  The website you found is not the silver and associates im dealing with, they are harder to find, i found there page once but dont remember how.  I think I found it because i had their mailing address, but thats at home and im at work!

[fender]

I would feel better if someone here had experience with these guys.

[demed]

I would file immediately a complaint with the OK and IL Attorney General's offices, the BBB and the FTC, for multiple violations of the FDCPA for posing as attorneys, for stating that a lawsuit had been filed against you and failure to send dunning letters.

Send them immediately a DV letter.

I think you have the possibility to file between $2,000 and $4,000 in FDCPA violation fines.

good luck!!