Help dealing with Law offices of Mitchell N. Kay, PC

Someone should come along who is very knowlegeable about statutes of limitations, but I think that legally a bill has to be written off if the customer states the statute. Also, I don't think there should be an attempt to collect if you filed bankruptcy.

Send them a debt validation letter. Make them prove the SOL has not run out, make them prove that you owe this money. Make them show you they came up with the amount. Make them prove that this was not wiped out by your Chap 7. Make them show when you last paid on this. They can't collect on a debt that is expired unless you agree to it. Do not do anything to restart the statute. Also make sure you include a cease and desist paragraph in your letter.

Here is a quote from another party regarding them.
"Lawyer Mitch Kay is also involved with Plaza Associates and MKM Acquisitions. His organizations have a bad reputation for fdcpa and FCRA violations. They hire under-trained semi-desperate collectors who are hell-bent on a paycheck at any cost. I suggest that you give them the boot via the FREE cease-comm letter. You need not worry about their threats of a lawsuit, Kay likely hasn't seen a court-room since law school."

Here is thier mailing address.
Mitchell N. Kay PC **
7 Penn Plaza, 18th Floor
New York, New York 10001

hiya triton--

ok, you have a few different issues here. First, no matter what else you have, the SOL is expired on the debt. That is an absolute defense to lawsuit, no matter what they tell you at the attorney's office....but it is only a defense if you invoke it. The court will not automatically on its own throw out such a case due to SOL. So, this takes away the one and only option they have to force you to pay them. Yes, it is legal for them to still try to get you to pay, but you can remedy that with one letter. Send them a certified letter, return receipt requested, telling them that they are to immediately and completely cease all contact with you regarding this matter. We call it a C&D letter--cease and desist. Under federal law, they are required to honor this letter. If, after they receive your C&D letter, they continue to call you, you then have grounds to sue them for violating the fdcpa, federal law that outlines how collectors must act in the course of their work.

Ok, you filed bankruptcy. You should go back through your records, and make sure that this debt is on your bankruptcy. If it is, you should then include a copy of this information with your C&D letter, and tell them that they are unlawfully trying to collect money from you that they have no legal right to collect. Inform them that any further attempts to illegally collect money from you will result in them being sued for it. That should get them off your back, and if it doesnt, they will have to pay you money when you sue them.

I have been receiving calls from this firm and have been threatened with a freeze being placed on my account and a review of my assets. What sort of action can they take and what would that look like. This concerns a credit card that has not been paid recently and totals $1000. What course of action can Mitcell and Kay proceed with.

JOEYG,

Did they contact you by mail at all? If they have not then don't worry about it. The next time they call tell them they must send you something in writing within 5 days of the initial contact, which would be by phone, then hang up on them.

If they have contacted you by mail before and if it has been more than 30 days then you pretty much have to sit it out.If it has been less than 30 days then you can send them a debt validation letter certified mail return receipt requested, do not sign your name on it, only type it.


The only action they can take at this point is to sue you. The chances of that are pretty slim from what I have seen. If they do sue you that's a whole different ball game. In the end if they do get a judgment against you, which I doubt they could if you fight them the right way, then and only with a judgment can they take your assets and wages unless your state does not allow wage garnishment then they can only go after your assets or whats in your bank account......UNLESS you have exempt income such as Social Security, Disability, Unemployment and many other federal and state aid. Then the only thing they could go after is assets and if you had no assets and your income is exempt then you would be judgment proof which means a judgment could be entered but they CAN NOT make you pay. If they ask tell them NO!!!!!!!!!!

OK so I pretty much summed it up around every angle I could, for the rest of your questions, when was the last time you paid on this debt and what state do you live in? If it has been a few years since you paid on it, depending on your state, the statute of limitations might have passed and they cannot sue you. They can try to collect by phone or mail but that's it. If they sue you, it's easy to get it thrown out of court, otherwise you would send them a cease & desist letter but that's the only if the SOL has passed.


Hope this helps.

I got a computerized call from this company who said they are looking for a Jenny "my last name". I do not even go by that name and have never signed any documents by that name. I cannot even imagine what this debt is for, my credit report is clean, and cant think of anything that I would still owe on. I am not even sure if they are contacting the right person. What should I do next. Should I call them Back or not?

no this is a rent-a-lawyer scam.they are phishing for people to scam.DO NOT CALL BACK whatever you do.

I got a call from those clowns also, I answered the phone and no one said anything.
I called the number /877-247-6116 back and asked who they were and why they were calling me, the jerk on the other end said they were calling for a Kim.
I told him there was no kim at this number and not to call me again.
This is a number for me the previous owner has had alot of collection calls coming to me now that I have this new number.
Do not call is useless, I reported the many annoying calls and I've gotten letters back
from the FCC saying they can't help me.
So I call the assholes that continue to call me back and annoy them as many times as they annoy me.

All;
This is a law firm in NY, they have no rights in any state outside of NY, unless they have a licensed attorney in your state, check and only deal with him. As a law firm, no matter how you treat them they must be very polite, and honor your request of no call back. If they don't comply with your request, file with the Licensed board for attorneys in NY for being unprofessional, also file on their local attorney they use in your state. You can also file with FTC, credit bureaus and your local AG, and state agency that over sees collect agents in your state. Make it cost them if they wish to contact you. It took me about an hour to do all this and believe me they won’t take calls for me. In my state Mass Gen laws 93A, I can bill for my time to correct a company that is doing unfair and deceptive practices, I also sent off a bill.

For Massachusetts links for the AG MGL http://www.mass.gov/Cago/docs/Consumer/conprotlaw.rtf

Mass Banking commission for dept collections
http://www.mass.gov/Eoca/docs/dob/compform.pdf

Mass Bar for licensed attorney
http://www.mass.gov/obcbbo/complaint.htm

NY Bar for licensed attorney
http://www.courts.state.ny.us/ad4/ag/Page2a.general.htm

FTC Federal Trade Commission
https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Also a great site for understanding your rights:
http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Last file a complaint with the credit bureaus under the “Fair Credit Reporting Act”
“I have requested full Validation for this account, they refused to provide information. I request you request detailed validation.”

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wow...spoken like a true deadbeat debt collector, lousy spelling and all...

You want to talk to US about "when are we going to start being real and honest"?? Tell me something--why is it that MORE THAN HALF OF ALL DEBT COLLECTORS IN THIS COUNTRY HAVE BAD CREDIT AND ARE DODGING THEIR DEBTS? Dont come in here crying about being honest.....you dont have any place to!

Sure, there are people who try to get out of paying their bills--did anyone here EVER say that no one who comes on this site is like that?? NOPE...we sure didnt. However, that is not at all the case in this thread. For example, the first post--this is a LAW OFFICE calling about a debt that is well past the SOL. Do you know what that means? It means it is 100% ILLEGAL for them to sue over it. And, before you start up again crying about how "the court will determine blah blah blah", the court already has. What do you think the average person thinks of when they get a call from a law office?? They think THEY ARE GETTING SUED, which makes hiring a law office to try to collect a past-SOL debt a potential FDCPA violation all by itself. Remember now--the FDCPA uses "least sophisticated consumer" as the standard.

You say that they are within their "contractural rights" to continue trying to collect? HOW? The debt was part of a dischargd bankruptcy! That makes it 100% ILLEGAL to EVER try to collect on it again!

You know something, sooner or later you debt collector types might actually get smart. Think about this--if only you would FOLLOW THE LAW, you could collect on these debts FAR easier than you can now. There would be no need for this website if CAs werent so crooked that they could hide in a corkscrew's shadow.....And you would NEVER have to listen to someone suing you over your own stupidity again. Here's the fact--consumers are fighting back in record numbers--suing crooked debt collectors more now than ever before. Case in point--I have a debt collector right now, calling me about a $17 debt--yes, thats right, I said $17 debt--for a dentist that's well over an hour from where I live, and in the complete opposite direction of the dentist that I use. I followed the law, and demanded validation. THEY DIDNT SEND IT, but they continue calling me several times a day. THEY ARE ABOUT TO GET SUED...and they will end up paying me the $1000 statutory penalty per the FDCPA, plus whatever else for filing fees and such....ALL OVER SEVENTEEN BUCKS THAT THEY WONT EVEN END UP COLLECTING ANYWAYS. Eventually, maybe you goons will wise up. Until then, I'm gonna line up any debt collector that calls me and zap em in the back side for what THE LAW SAYS THEY NOW OWE ME thanks to their stupidity. I ACTUALLY got this same debt collector ON TAPE the other day telling me "Hi, this is Kim calling from the CREDIT BUREAU...." I mean, COME ON, how retarded can you be??

In closing, the ABSOLUTE LAST thing that a debt collector needs to be coming in here and saying is this:

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But when are we going to start being real and honest , and at least accept and be accountable for our actions. In the end the truth will set you free. Remember just because your getting away with it doesnt make it right .

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Now THAT'S funny coming from you....tell me something--how much crap has your industry been "getting away with" over the last how many decades that ISNT RIGHT, but it never seems to stop you guys from continuing to do it?

Back to the phone now, shill....I would hate for you to have to get calls from debt collectors because youre too busy typing on here to go rob some consumer and make a fraudulent bonus off of illegal tactics....

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WELL OBVIOUSLY YOU EITHER DIDN'T READ MY POST , OR WAS IT TOO COMPLICATED LIKE THE CONTRACT THAT MANY PEOPLE SIGN AND THEN WILLFULLY RE-NEG ON. I read your post just fine, horrible grammar and spelling and all. and I addressed it just fine. It isnt my fault or problem that you read as badly as you spell and write.TYPICAL DEADBEAT MENTALITY,YOU WANT TO JUSTIFY WHAT YOU DO PLEASE, moron, DO TELL, what EXACTLY is it that "I DO"?? You dont know JACK about me so you better check yourself, and fast. I battled through cancer in my mid-20s and then battled through paying off ALL of my medical debts that resulted from cancer....by myself....and completely. So do yourself a favor--if this is how youre gonna post here, then simply SHUT UP AND MOVE ALONG. I dont have time to WASTE on your crap. AND YOU DIDN'T EVEN ADDRESS ANY POINTS OF WHAT I WAS TALKING ABOUT, YOU FAILED TO RECOGNIZE THAT I AGREED THAT THE AGENCY WOULD BE WAISTING THEIR TIME TRYING TO COLLECT ON OUT OF STAT, OR BANKRUPTCY um, hey genius, you ALSO said that they were only enforcing their CONTRACTURAL RIGHT to collect the debt. HOW could there be a CONTRACTURAL RIGHT if the debt is past SOL or was discharged in a BK? Again, it isnt my fault that youre too ignorant to stick to one story, and it isnt my job to teach you basic English. AND THAT I WASN'T CONDONING UNFAIR PRACTICES UNDER THE FDCPA um, dude, what have you been smoking??? HERE is what you REALLY said on this one, word for word:
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Sure there are lots of companies who practice unethical tactics , i don't condemn it
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Apparently, no one taught you yet that CONDEMN means the OPPOSITE of CONDONE. English, chief....try learning some. Or, if you cannot be bothered to do that, then dont try to use words you dont understand.

BUT IT MUST BE TO HARD TO SWALLOW THE TRUTH OF THE MATTER , THAT YOU NEVER EVEN RESPONDED TO MY SCENARIOS , SO LET ME ASK YOU AGAIN , ARE THERE many people who have the ability to repay their debts and just plain refuse to man up and pay it back ? How can you say I didnt address this point?? Try READING, or else just get the heck off this forum. HERE is what I said in the other post youre crying about now....
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Sure, there are people who try to get out of paying their bills--did anyone here EVER say that no one who comes on this site is like that?? NOPE...we sure didnt. However, that is not at all the case in this thread.
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So, you STILL wanna cry and complain that I didnt address that?? Get a clue. man....if you have to, go steal one! You should be used to stealing, considering how much you must suck at your job.

JUST BECAUSE ITS ON THE CREDIT DOESN'T MEAN THAT YOU HAVE TO ABANDON YOUR INTEGRITY ALTOGETHER. Just because you put it on someone's credit report, that doesnt mean that you have to abandon your integrity altogether....

I REALLY DON'T EXPECT AN ANSWER BECAUSE I AM TALKING ABOUT SOMETHING YOU DON'T WANT TO HEAR. well then, you had better get used to disappointment. Well, youre a debt collector, you probably already are. Come on, man....the overwhelming majority of your industry makes lower than the national average. you cannot read, write or spell worth a damn. Something tells me that youre not basking in the quality of your life. If you were, you probably wouldnt be this ignorant.

AND IF YOUR TRAPPING SLIMY COLLECTORS FOR UNFAIR PRACTICES , I DON'T HAVE A PROBLEM WITH THAT Of course you dont--you dont "condemn" bad collectors, remember????:rolleyes:



I HAVE NEVER BEEN SUED OR PART OF ANY SERIOUS COMPLAIN , YEAH I GET THE OCCASIONAL COMPLAIN OF BEING RUDE, BUT IN REALITY IT WAS MORE LIKE BEING DIRECT. I bet it would be quite difficult for someone to complain about you....after all, if they cant even understand your wounded-duck attempt at speaking, they cannot even know what youre trying to tell them.....finally, it works in your favor to have flunked out of the 6th grade!!!



I THINK THAT CONSUMERS CAN TELL THE DIFFERENCE AND APPRECIATE CLEAR COMMUNICATION , BUT SOMEHOW DEADBEATS ALWAYS HATE IT . FUNNY HOW THAT WORKS . I DON'T CARE FOR MITCHELL KAY ,BUT IF YOU HAD A DEBT WHERE I WORK , AND IT WAS VALID , YOU WOULDN'T STAND A CHANCE. IT NEVER FAILS TO AMAZE ME HOW QUICKLY DEBTORS ALL OF A SUDDEN HAVE MONEY TO PAY ONCE LITIGATION IS ON ITS WAY. IS IT BECAUSE THEY ARE ALL "LEAST SOPHISTICATED CONSUMERS AND ARE SCARE THAT THE BOOGY MANY IS WAITING IN COURT" OR IS IT BECAUSE THEY ALL KNOW THEY OWE IT AND HAVE NO DEFENSE IN COURT , AND DAMN, I GUESS I CANT CONTINUE TO IGNORE THIS MATTER ANY MORE. ) If you knew ANYTHING about me in here, you would know how much I NEVER tell people to simply skip out on their debts. You would know how often I have said that I NEVER advocate that someone walk away from a legitimate debt that they know they owe. So do us all a favor and hang it up already. Youre trying to preach to me like you know whats up and you dont have the first friggin clue.
ONE LAST POINT . IF YOU WERE A SMALL BUSINESS OWNER AND HAD GIVEN CREDIT TO SOME CONSUMERS AND THEY STOPED PAYING YOU, WOULD YOU BE SO SYMPATHETIC TO THESE DEBTOR OR WOULD YOU WANT YOUR MONEY OR MERCHANDISE BACK . ITS WRONG NO MATTER HOW YOU LOOK AT IT . AND IF YOU WANT TO CONTINUE TO BLAME THE BILL COLLECTORS FOR IT , SO BE IT . BUT THERE IS A LARGER PROBLEM AT HAND . SO PLEASE DONT HUMOR ME WITH YOU BULLCRAP PRETENDING TO BE A CONCERN CITIZEN . ONCE AGAIN WHY DONT YOU JUST PAY YOUR BILL. You, sir, are a complete moron. Like I said, YOU DONT KNOW JACK ABOUT ME. If you knew my background, you would know that I started as a professional bail agent in 2002....you would at least understand that I am ALL ABOUT people paying their debts, both to society and financially. So either SHUT UP or GET THE HELL OUT OF HERE. At this point, I dont care which. But know this--if you come back in here with one more BS-filled in-all-caps crapfest, it will simply be deleted and you along with it.

I think that about takes out the trash.....

..you would at least understand that I am ALL ABOUT people paying their debts" ,,, ARE YOU SERIOUS ? YOU'RE ARE FULL OF CRAP , If you like to pay your bills , then why do you request validation from an account that you know you already owe? Wait , let me guess , you want to make sure .... blah blah ,blah , right. Ok you are the one in denial brother , and I could give two xxxx about you not posting this or not , because the one clueless is you and your hypocritical site about evil mitchell n kay. You make a big deal about my grammar when the real issue at hand is about integrity and being real, and from all your responce , you are in denial . Just remember that if you don't pay your bills , it will affect you one way or the other. It will be on your credit, it will create stress on your life and waiting for something to fall out of stat , its pretty pathetic , if you have the ability to pay. ( By the way just because its out of stat , doesn't mean that you don't owe it , they just cant sue you) but they can attempt to collect until you pay . ( You should preach that on your site) I wonder what happens if you ever given advise about " send them a cease and desist letter, request validation , don't talk to them ." , What about when the creditor actually gets tired of games and actually sues the consumer,whats your advise then? I am sure your not going to help paying their legal fees . I see it everyday. People changing their demeanor after they get sued because they were just playing the system trying to avoid paying their bills. That's what I'm talking about. I know for a fact that Mitchell and Kay will sue a lot of accounts , there is just a criteria that that person has to fall into . Its not win at all costs.If you are a professional debt beat they might not even bother. Yet you making it seem that they don't do anything but call and harass people. Don't speak half truth , unless you know for sure.

Watch your language! ^^^^

Why is everyone one of these threads so old?

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