roflcopter Posted January 10, 2008 Report Share Posted January 10, 2008 After hearing horror stories about Mitchell N. Kay, I called CapOne to see if I could, perhaps, have my account recalled to them and deal with the OC directly instead of JDB scum like Mitchell. They told me that instead of Mitchell, Plaza Associates was in charge of my account now. Every transfer to 'recovery' at CapOne goes right to Plaza and none of their associates will do anything BUT transfer me there. Anyway...Plaza told me that, indeed, Mitchell N. Kay was responsible for my account and there's nothing they could do to have it recalled. Checking the state of Illinois web site, I don't show anything in regards to Mitchell N. Kay being a licensed collections agent in Illinois. With that in mind, I've filed a formal complaint with the Illinois Department of Professional Regulation and tomorrow seems like the best time to send a DV CMRRR to Mitchell. Questions to those who have dealt with that group:1) If they're unlicensed in Illinois, what can they do with the debt?2) What's a good address to DV them at? From what I've read they like to refuse certified mail.3) Do they report under any other names, so I haven't actually missed their license? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 10, 2008 Report Share Posted January 10, 2008 They are a law firm, likely they do not have to register as a CA. If that is your defense, i.e., that a collection lawyer can't call.write into your state, well....DV, but send the letter by Priority Mail with Delivery COnfirmation or simply Certifed Mail. Skip the green card. Lots of people don't bother picking up that sort of mail, least of all a collction attorney . You want it to get there, not that some shmuck in the mail room signed a green card. Link to comment Share on other sites More sharing options...
roflcopter Posted January 10, 2008 Author Report Share Posted January 10, 2008 They are a law firm, likely they do not have to register as a CA. If that is your defense, i.e., that a collection lawyer can't call.write into your state, well....From what I've read into the FDCPA, even if it's a law firm (which I'm honestly not sure this is due to their current correspondence with me and what I've read here and on other credit repair sites) they still need to adhere to the FDCPA and state collection laws. I'm ok with a PFD if everything checks out with them, but if they're not able to conduct business in my state, what incentive do I have to pay when they can violate themselves into a favorable settlement on my end? Link to comment Share on other sites More sharing options...
StressPot Posted January 10, 2008 Report Share Posted January 10, 2008 I am leaning with roflcopter on this one RA. I've read enough to see support that if a collections attorney (Collections Law Firms included) collects on debt more then just a few times, and it is part of his practice he can be treated like a CA - with the FDCPA applying to them.The only time I have seen this trumped is through, of course, state law. Doesn't New Jersey have a law on their books that states an attorney can only act as an Attorney OR a collecter? That is decided by their actions of course - file a Summons or send a Dunning Letter. It is however common practice for an attorey or collections law firm to send a dunning letter before a court summons, am I wrong? They do act as CA's quite a bit.The main basis of my previous lawsuit to Brachfeld and Assoc (a Collections Law Firm) was they were not registered as a collections agent in my state. They settled out of court really fast. Citing State and Federal violations I was able to get a handsome settlement as well, not just the piddly "up to$1,000" the FDCPA offers in it's antiquated text.Let me know if I'm wrong, but I'm going off of a lot of reading and a smidge of experience in making my opinion here. Thanks!StressPot Link to comment Share on other sites More sharing options...
JTsdaddy Posted January 10, 2008 Report Share Posted January 10, 2008 Mitchell N Kay Folded on my DV letter Link to comment Share on other sites More sharing options...
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