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Guest

I am receiving letters, 2 at a time, from law offices of Yellin and Goldner after I got screwed over on a auto lease a few years ago. The car ended up getting repossessed right at the end I had 1 more payment to make and they wanted the whole balance in full. I didn't have it all.

All the letters say that the account has not been viewed by an attorney at this time. That would be a violation of the FDCPA. right?

ALSO I got a phone call today from law offices of mitchell n. kay. I didn't answer but looked up the number online and found out that they are in New York. They have on their website that they are affiliated with Yellin and Goldner who is in Massachusetts, where I live.

Can an attorney from another state try to collect from me if they are not licensed in my state? Isn't that illegal and deceptive?

Guest · Posted: Thu May 08, 2008 8:48 am Subject:

I looked Mitchell N. Kay on the BBB and they have an unsatisfactory rating there.

"Reports to the BBB indicate that this company utilizes unfair debt collection practices, demanding payment immediately and insisting that consumers ask family members for money. Consumers report that they are contacted repeatedly regarding someone else's account and that representatives of Mitchell N. Kay have spoken rudely to them".

Posted: Thu May 08, 2008 11:29 am Subject:

If an attorney is not licensed in your state they cannot practice law in your state. Collecting on a debt in an attorneys name or on their letterhead is considered practice of law. This all falls under Uniform Commercial Code.

Guest · Posted: Thu May 08, 2008 6:59 pm Subject:

Is calling my house concidered practicing law? If they call again, can I tell them to piss off?

Posted: Thu May 08, 2008 8:10 pm Subject:

An interesting piece of info! I recently recieved a letter from same company. Gonna be sending a DV letter this weekend. Although, I got the letter, but no previous contact. No previous letter(s) or phone messages. Gotta let them know the alleged claim they have was NEVER validated in the past.

Guest · Posted: Thu May 08, 2008 8:16 pm Subject:

good luck to you kchan.

Posted: Fri May 09, 2008 4:19 am Subject:

Most chapters (or sub chapters) of any states UCC will have something to the effect of this:

§46A-2-123. Practice of law by debt collectors.
Unless a licensed attorney in this state, no debt collector shall engage in conduct deemed the practice of law. Without limiting the general application of the foregoing, the following conduct is deemed the practice of law:

(a) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;

(b) Any communication with consumers in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and

(c) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.

Guest · Posted: Fri May 09, 2008 10:39 am Subject:

oh yeah kchan look at the back of the letter. I think it is a violation of the FDCPA because it has a facimile signature of an attorney on an attorney letterhead but has a statement that the account has not been reviewed by an atorney.

irishpat77 · Posted: Sat May 10, 2008 5:10 pm Subject:

I just figured something out. I looked at the zip code on the letters I was getting from Yellin & Goldner, attorneys at law in Newton MA 02466. They have counsel listed as Mitchell N. Kay admitted in NY and Washington D.C. BUT The zip code from where the letter was mailed from is 48068 which is ROYAL OAK, MI. SO! who is sending the letters? If someone knows, please tell me.

Guest · Posted: Sat May 10, 2008 7:11 pm Subject:

I am almost certain that it's Arrow Financial Services LLC who sent the letter using the attorneys letterhead. The attorney is in my state but it was not mailed from my state. If anyone knows how I can find out or if they have more info, please let me know.

Posted: Sat May 10, 2008 8:07 pm Subject: debt

Let me tell ya something funny!! About a year ago, I received a letter from this 'Kay person' ...or shall I say the 'Law Office of Mitchell Kay. The letter stated that a ( certain name) has an " outstanding debt from a furnitute store." The 'name' on the letter ( the one SUPPOSELY responsible for the debt) was my SON'S name. OMG!! My ex AND my son ahve the same name..except one is the 'I' and one is the 'II'. Now...this debt accured over 11 years ago...AND 'dropped off' my credit report. Well...I called the office and tried to explain that they have the wrong person..they have my SON listed, NOT my EX. My SON'S SS# was on the letter. I have NO idea how they got that. Well...they just kept telling me that the name, on the letter, needs to pay the debt. I told them that my son is a minor and if they kept calling for my MINOR child, i would call the police. They called a few more times, after that. I told them I was giving thelocal police their letter. They never called after that! Boy..that was a crazy situation!

Guest · Posted: Sun May 11, 2008 6:06 am Subject:

Ha Ha sdchargers. It is amazing what these collectors try these days. Glad to see you got rid of them.

I wish I could find out who sent the letter. I know it was sent from ROYAL OAK, MI as the stamp on the letter says it. But the funny thing is that in the little window has yellin & goldner with a Newton address and Newton zip code. Does anyone know what CA's Mitchell N. Kay collects for in Michigan?

Guest · Posted: Sun May 11, 2008 6:28 am Subject:

I looked up the phone number on the letter
(617)964-0987. The area code is a Massachusetts area code but if you look up the number, it is registered to Mitchell N. Kay. I looked it up on

yellowbook:
Mitchel N Kay Law Offices
7 Penn Plz
New York, NY 10001
Local:
617-964-0987

On Yahoo:
Mitchell N Kay Law Offices
(617) 964-0987
7 Penn Plz, New York, NY 10001 Map it | Get directions Cross Streets: Between W 30th St and Father Mychal F. Judge St

Who do I report these illegal activities to? Do I call the local police and file a police report?

Posted: Sun May 11, 2008 9:16 am Subject:

Wow! Not just amazing, but very scary too.

SDChargers, I really think I would have pursued the matter a little more too. Just how did these people get you minor son's SSN? Did you ever attempt to get a copy of his credit report (wonder if you even could) and see if this alleged debt was on it? I probably would have reported them to law enforcement on the first call-back after you told them not to call anymore.

I just have to wonder what CA's like this think? How they operate? It's just staggering.

Would have been a hoot if they had attempted to sue your son and you had to march into court with an 11 Y/O defendant in tow. Would have made them look like real major idiots!

Guest · Posted: Sun May 11, 2008 11:29 am Subject:

OK I found out that Mitchell N. Kay has a license to collect debt in Massachusetts. But he is listing himself as an attorney in my state. If you call the phone number it says his law office. Yellin & Goldner are not licensed to collect debt in my state. I am wondering if I should file a complaint with the Michigan and Massachusetts BAR association. Try to get them disbarred.