Mitchell N. Kay using another attorney?

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".

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.

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

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.

good luck to you kchan.

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.

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.

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.

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.

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!

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?

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?

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!

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.

EHH! I am going to call the Mass BBO tomorrow so I can get a form for a complaint.

RON....my son is 15. I don't think he has a Credit Report yet. According to Mitchell Kay, my son " obtained" a loan ( to finance some furniture), from a furniture store, that went out of business..of all things!! Never heard from the 'Lae Office' again, after that.

LMAO!!!!!!!!

Ooops, I misread your post regarding his age, thought he was 11. Sorry.

Still, 15 is kind of young to be out buying furniture.

I had a friend who has a 13 Y/O daughter who supposedly received a credit card in the mail, unrequested. Fortunately, he intercepted it before she got it and called the CC company and canceled it. Also gave them an earful about send CC's to 13 Y/O's.

And from what I understand, if your son old enough for a SSN, he's old enough to have a credit report. I've heard stories of parents totally wrecking their underage children's credit for their own gains, so I would have to think they must have credit reports.

May be worth it to check on it.

I got another call today from Mitchell N. Kay. I am reporting him for his illegal activities and the same goes for the other law firm in my state.

I did a little investigating. The distance from the Royal Oak MI 48068 post office to 2 of 3 Plaza associates offices is around 10 miles. The other office is about 20 miles away. Mitchell N. Kay is associated with Plaza Associates. It says on the letter from Yellin and Goldner they are associated with Mitchell N. Kay.

The Letters I got never came from Yellin & Goldner. They did in fact come from Plaza Associates who has a basement operation in Michigan.I was getting letters in the past from Plaza Associates for this same debt.

Now what do I do?

I think I may be wrong. I looked at the permit number for the letters I got and the letter from yelling and goldner and a letter I got from arrow financial services are the same permit number. It was also mailed from the same zip code and the address from AFS is in Michigan. They tell me to send a payment to Illinois though.

Arrow Financial Services had a SH** LOAD of law suits against them. I found 114 suits since October 2003.

??????
Nope. Collecting debt and practicing law are two seperate matters. An attorney can function as a CA....happens all the time. However they cannot sue you if they are not licensed as an attorney in your state.

to the original poster, let me see if I got this right.

you owed only one payment on your car, and it was repo'ed for that? You might actually have a case against the original creditor for that, depending on the laws where you live and the details about this repossession. If you like, I can help you look into that if youre willing to provide some more details about how this actually happened.

I was told when I signed the lease that I could finance it at the end with American Honda Finance Corporation. I was wrong, It was 2 payments. They called my house and told me to send a check for around $10,000. I told them I wanted to finance it and they wouldn't let me. They said I had to go threw my own bank which I did and couldn't get the loan. They showed up in my driveway a few weeks later and towed it away.

They auctioned it off and got most of their money for it, my balance due was around $4,000. The cars sticker price was around $14,000 so $318 a month, including interest, tax, times 46 months = $14,628 plus the almost $7,000 they got at auction = $21,628. I think they got their moneys worth out of me. I know it was a contract but that was shady what they did to me.

In regards to SSN and Credit Reports. A person is now issued a SSN at birth, it is a document the hospital files automaticlly. You don't have a credit report until the first inquiry on that SSN. I read that some parents are starting credit records on their kids by checking to see if their SSN is being used. The recommendation is don't check unless you want to start a record. Kinda a catch 22, huh

I got a question. As I mentioned before, the letters I got in the mail where not mailed from Newton MA. as the return address and company name states in the window on the envelope. It was in fact mailed from Royal Oak MI.

Would that be a violation of:
Title 18>Part I>CH. 63>???? 1341 and 1342?

1341 is mail fraud. Under 1342 covers fictitious names or address. I see it as mail fraud because Yellin & Goldner, after hours of research, do not have any business in Michigan. So whoever sent the letter, using a name not their own, attempted to obtain money by fraud. The fraud saying that the attorney is involved when in fact, they are not.

Tell me what you think.

If you go to Mitchell N. Kay's website, it says he is admitted in New York and Washington D.C.
If you look up his name in D.C. you get this:

Mitchell N Kay
Law Offices of Mitchell N Kay PC
7 Penn Plaza
PO Box 3163 Jaf Station
New York NY 10116-3163

Email: [email]mnk@mitchellnkaylaw.com[/email]
Phone: 212-594-1991
Fax: 212-847-8220

Membership Status: Inactive
Disciplinary history: No
Date of admission: October 16, 1973

If you look up his New York license, It expires in July. I am reporting him because he says he can practice law in D.C. when he can't and also he has a Massachusetts phone number saying law offices giving the false belief that he is a MA attorney.

I urge others to report him also and shut him down.
_________________
Register today to cash in debtcc points.

Just a little update, I am now getting calls from Plaza Associates on this very same problem. A few weeks ago it was the law offices of Mitchell N. Kay, plus the letters from Yellin & Goldner which where sent out of Michigan.
Is this practice even legal? I have 3 different companies contacting me on the same debt at the same time and they are all affiliated.

Can they leave a message on my answering machine saying they are a debt collector?

Should I call them Back and tell them to send me something in writing or should I ignore them?
Is there any violations because of their practice?

The debt collector remark on the answering machine could be a third party disclosure risk however unless a third party disclosure actually occurs I'm not sure.

Do you think Yellin and Goldner might be renting out their Law License?

funny how I just noticed that Plaza associates isn't a registered corporation in my state. But under the licensing part it is listed as debt collectors:

Aid Associates, Inc.

I still don't know what to make of what I have posted previously but any help would be great.
d/b/a Plaza Associates

AID Associates, Inc. is listed with the corporations division but they don't list the DBA with the state.

So most likely I will be getting a phone call from AID Associates next.

A good start I think!!
Sent a DV letter, CMRRR to the office of Mitchell M Kay.
Got a brief letter back yesterday.
All they said is:

Be advised we have noted your dispute regarding matter. Accordingly, we are closing our file and will return account to creditor listed above.

Would that be the previous creditor, or the original??

Previous is IDT Carmel Inc.
Original is US Bank

Not sure exactly when, but the SOL is due to expire before the end of this year, at least if it hasn't already!

IDT-Carmel/North American Collectors, Inc