Law Offices of Mitchell N Kay.....

If it is past the SOL send them a FOAD letter.

yep.the FOAD works for me.

I just got a letter from them as well, dated April 30, on an ancient - we're talkin' twenty years old - account held in my maiden name, paid in full, and closed out shortly after I got married. The store is no longer in business.

Here's the thing...they're supposedly collecting on behalf of Asset Acceptance who claims to own this account (which is a joke because the account was closed years and years and years before Asset Acceptance was created).

I sent very strongly worded DV letters to both Asset Acceptance and Mitchell N. Kay, covering pretty much any dirty trick they might be thinking of pulling. I googled Asset Acceptance and discovered they stoop to new lows every day when it comes to forging docs and entering false information on credit reports and lying about serving people before getting a judgment.

I hope the letter is enough to stop them. There isn't an ice cube's chance in hell they could win anything, but who needs the headache?

I filed the usual slew of complains with various AGs and the FTC and the Postal Inspector, and I opened a complaint against Mitchell N. Kay and his managing partner, somebody Siegal with the NY Bar Association.

We shall see what we shall see...

This, btw, is the second time within a few months someone has tried to go after me for a non-existent debt they claim comes from an ancient, decades-closed, fully paid account in my maiden name. Someone got hold of something, some old credit report, or something, and just took account names and made up phony balances or something. I hear these guys are getting desperate because people with real debt just can't pay. I think they're going after people with excellent credit such as ours because they hope we'll pay up just to make them go away.

Ain't happenin', that's for sure.

Hmmm, if I were you I would put a Fraud Watch on your credit reports, something sounds quite fishy.... Check your Credit Reports immediately.

I checked them and they're all incredibly boring, one-note reports -- zero debt, three credit cards, all paid, nothing outstanding, overdue or late, no mortgage, no negatives, no collections, no nuthin'. It's good to be singularly dull, isn't it?

However....TransUnion shows both Asset Acceptance and "Plaza Associates" (which is Mitchell N. Kay's alter ego) have made general inquiries (is that legal -- can they make inquiries even if they have no legitimate reason to?) just this April.

The odd thing is, neither this old account nor the one NCO was trying to go after show up at all, nor would they have for years -- these are both decades-old, closed-in-good-standing accounts. So where are they getting that info? Is there some way for them to purchase copies of old credit reports/history?

I did put a security freeze on TransUnion just in case and my husband is going to call our bank today and see if they can flag it for potential suspicious behavior or something.

I think it's gotten to the point where these guys realize the people who are in serious debt (and I am not slamming those people, btw -- terrible things can happen to anyone out of the blue -- there but for the grace of God go all of us -- after the horror stories I've seen researching this incident in my life, people who are experiencing these problems are on my permanent prayer intention list) just don't have the money to pay, so they'll find people who are debt free and go after them hoping a certain percentage of their bogus claims scare people into paying.

That's pretty much what happens, unfortunately. Many consumer advocates call them "bottomfeeders". They get info from a number of sources, and they can be quite aggressive. They file lawsuits against people by the bushel because the vast majority will not show up and will get a default judgment against them. Those who fight it normally win. But since it is past the SOL - clearly - they will lose so they may not go that route, especially since you are being proactive in your defense.

I suggested the Fraud Alert just in case any new activity happens to go through. I do believe the bank can flag your accounts for a watch. The "second time" part is what makes me cautious about this.

I personally find this fraudulent behavior rather disgusting. Again, unfortunately, you may have to sue them as they stoop to clearly lying on your credit reports, etc. The incomparable consumer advocate, Bud Hibbs, has some info on them. Check this out. ("http://www.budhibbs.com/collectorpages/asset_acceptance_corp_bud.htm").

I'm sorry that you have to go through this and I wish you the best.

My first link is the FTC page about Identity Theft. Also, if they start calling you, you can add the FCC to your list of complaints. The link is also in my signature.

Well, in my DV/CC letter, I copied not only the Departmental Disciplinary Committee of the NY Bar for their district, but my dad, a US District Judge in Manhattan, and on Asset's DV/CC letter I copied my brother, an attorney for the SEC (used to be an attorney with the AG's office under Spitzer).

I'm pretty sure these guys will back down very, very fast and may even think twice about selling this stuff to anyone else.

Excellent! Please keep us updated. Maybe debtors & alleged debtors will get lucky and someone will file a Class Action against them and shut them down! :D :idea:

Thanks!