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Sub: #209
Replied on 02-15-2008, 10:28 PM
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Skydivr, That is the NY office address listed. The mailing address is listed on the letter as PO Box 9006; Simthtown, NY 11787-9006. I did send the letter certified with return receipt requested as you suggested and the letter I sent also requested contact in writing only.

You said, "Mitchell N. Kay is a member of the NY bar Association. However, he is NOT licensed to practice law in California, where you live. There isnt anything in New York, as far as I know, that can be done, but you CAN contact the California Bar association and inform them that this attorney is trying to operate within California, where he is not a member of the Bar. An attorney is required to be licensed in each state he wishes to practice in." How would you suggest I go about doing this? Letter, email? Any specific addresses or formats to follow?

Thank you for the info on P.C. and the rest. I'm off to the site to read up now. I appreciate all the help so far!


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Sub: #210
Replied on 02-16-2008, 04:30 AM
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You should also file a complaint with the NY state bar, where he is licensed. Check the state bar website, you may be able to file it electronically, otherwise you would have to mail a complaint form in.


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Sub: #211 enclosure from the FTC
Replied on 02-16-2008, 08:47 AM
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In the letter, it refers to:
Quote:
Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission
Where can I get a copy of this?

Renelle


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Sub: #212
Replied on 02-16-2008, 10:03 AM
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There is a hyperlink for that located at the bottom of the post. Here:

http://www.ftc.gov/os/statutes/fdcpa...rs/wollman.htm


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Sub: #213
Replied on 02-17-2008, 01:22 AM
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Yes, you can file with NY state bar, but he hasnt broken any laws in NY--he is trying to practice in CA, and hasnt followed CA law in the process. I would contact the NY bar association, but I wouldnt be surprised if they cannot do much. One state cannot impose its laws over the dealings in another state, and the NY bar association is likely to only consider what he does within that state. He is bound to their code of ethics, in their state. This is why each state has their own such organization--because one state's bar cannot do anything in another state.


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Sub: #214
Replied on 02-17-2008, 04:36 AM
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Yes, yet in the attempt of practicing law in a state where one is not licensed to will negatively reflect on that firms reputation with their home state Bar Association. If they get enough complaints it will only take one straw before people may start getting disbarred. It's happened before.


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Sub: #215
Replied on 02-21-2008, 09:47 PM
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I'm a bit confused as to the hows of this all though. How do I go about filing a complaint? Do I send an email? Write a letter? Is there a form/template? Should I complain to the CA bar or the NY bar? (Their letter says "admitted in New York and Washington, D.C."...should I complain the the DC bar too??) Thanks in advanced for your help!


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Sub: #216
Replied on 02-22-2008, 04:55 AM
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You could file complaints with your state's bar as that is where the violation occurred. Their state would hear about it in time.


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Sub: #217 Asset Acceptance boo hiss!
Replied on 03-20-2008, 10:25 PM
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This company is a nightmare!!! I moved out of an apartment in Texas back in 2001 and my apartment manager tried to hit me up for charges I didn't owe. I never heard back from the Apt management company. In late 2006, I recieved a collection notice from Asset Acceptance stating I owed them $231.23. I tried to get them to send an itemized bill, but got only the lump sum. I later tried getting information from the apt management company (AMLI), but they sold the property in 2006. It turns out that AMLI sold their uncollected or disputed debts to Asset Acceptance which gleefuly goes after these people like club welding cretons after baby harp seals. They trashed my credit and their clerk are the rudest POS I eve had to put up with. I'm a pretty big guy with a lively temper. I only wish they could speak to in person, as they certainly would have treated me with much better respect. Anyway, last year I challenged their derrogatory on my credit, and there was not challenge. However, last week I recieved another bill from these creeps. Although in California, I'm almost ready to pay them a personal visit and demonstrate what real fear is all about.


Yours Truly,

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Sub: #218
Replied on 03-21-2008, 03:59 AM
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Back in the day, I rode with a MC that had something of a 'reputation'. There was a point where I stopped into a CS's office with a couple of the brothers, all wearing colors, to clear up a 'misunderstanding'...

That was then. With the way the legal climate in this ountry has changed in the last couple of decades, you're better off staying home. There are other ways to deal with these pinheads. Some of those ways might even put a jingle in your pocket.

First things first, here... Have you demanded validation of the debt from them? If not, send them this letter, with the attachment. Then wait a bit, and see what they come up with. It's likely that they can't/won't validate. In which case, dispute the debt again with the CB. That should get it removed.

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The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

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Sub: #219
Replied on 04-03-2008, 09:34 PM
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Thank you to everyone for your help. We got a letter back from them last week saying the account was being referred back to the original creditor. I guess the letter worked. Thanks again!


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Sub: #220
Replied on 04-04-2008, 03:31 AM
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Stop by anytime. We're here if you need us.

__________________
Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]

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Sub: #221 asset acceptance llc
Replied on 11-09-2008, 06:43 PM
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asset is suing me in court for a debt that they bought fromprovidian bank they would not accept my 25.00 a month
payment so i told them to take me to court.can they really put my home up for sheriff's sale for 3000.00 plus 1000.00 interest when i do go to court i am going with a 25.00 money order.


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Sub: #222
Replied on 11-09-2008, 07:13 PM
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No!

They can not take or lein your home [or anything else] for a credit card debt without first going to court and getting a judgement against you. If they told you they could, they're lieing, which suits their M.O. perfectly.

Did they tell you that? How? [phone call, etc.]

$1k interest on a $3k principal? Seems kinda steep to me... Tell me about your situation, please. Let's start with the state you live in, the type of account [a credit card, right?], and when was the last time you made a charge or payment on this account?

__________________
Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]

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Sub: #223 Asset Acceptance/Ballys
Replied on 01-05-2009, 07:27 PM
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Hi, my name is Branen and I have a similar issue but may not have done the necessary research before agreeing to paying the debt.

Currently, I am making Monthly payments to Asset Acceptance for a Ballys account that went South. I have yet to see a copy of the notice from Ballys about the account moving to collections nor did I receive any telecommunications. Do these facts have any validity?

I asked the Asset account rep if they would exponge the account from my CR, but all she said was that she would list it as Paid In Full. Does my credit score go up upon payment or will it be the same?

I am tempted to rescinding payment on this account, but I fear that I may be hurting myself in doing so.

What should I do? I am 23 and trying to maintain a healthy line of credit and this has not been an easy account (or Collections Agency) to work with!

Please Email if you have any information that may be helpful. I will also check this forum soon for potential replies.

Thank you for your assistance and understanding!

Branen

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Sub: #224 Asset Acceptance/Ballys
Replied on 01-05-2009, 07:27 PM
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Hi, my name is Branen and I have a similar issue but may not have done the necessary research before agreeing to paying the debt.

Currently, I am making Monthly payments to Asset Acceptance for a Ballys account that went South. I have yet to see a copy of the notice from Ballys about the account moving to collections nor did I receive any telecommunications. Do these facts have any validity?

I asked the Asset account rep if they would exponge the account from my CR, but all she said was that she would list it as Paid In Full. Does my credit score go up upon payment or will it be the same?

I am tempted to rescinding payment on this account, but I fear that I may be hurting myself in doing so.

What should I do? I am 23 and trying to maintain a healthy line of credit and this has not been an easy account (or Collections Agency) to work with!

Please Email if you have any information that may be helpful. I will also check this forum soon for potential replies.

Thank you for your assistance and understanding!

Branen




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