Jump to content

HELP w/very old debt and shady collector


Recommended Posts

I was unhappy with a major healthclub back in 2001 and I decided to break my contract and change gyms. I did not owe any money to the major healthclub when I left but they decided to try collecting the money I would have owed had I remained a member through the remainder of my original contract. I refused to pay and they sent my account to multiple collection agencies that I ignored. It is now 2008 and I have just received a collection letter from "Law Offices of Mitchell Kay, PC" giving me the opportunity to settle the account for $1100 (original balance says $2700). I just checked my credit report and the debt is no longer on it. I am guessing that the account is so old that it cannot be collected anymore. Can Mitchell Kay file a judgment against me or do anything else? How do I know if this debt has truly expired or not?

I used to live in NY but I currently reside in GA.

Link to comment
Share on other sites

You need to investigate the statute of limitations (SOL) for NY/GA. They cannot get a judgment against you unless they sue and take you to court. Legally, they can try to collect forever. However, if the debt is past the SOL, you can use that as your defense as legally, they can no longer collect past SOL.

Link to comment
Share on other sites

Bud Hibbs Says...(wwwbudhibbs.com)

"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."

Take note of violations, call a NACA lawyer, and make some money!!!!

I'm envious and jealous, almost no chance of being sued for alleged claim and a stupid collector! Almost like printing money on your computer at home!

Link to comment
Share on other sites

Regardless of whether you lived in NY or GA, this is still considered a written contract and both states have an SOL of 6 yrs on such. I wouldn't worry about these guys one bit. Send them a letter like Trueq suggested, get these bums off your back.

Link to comment
Share on other sites

HA! You guys say "don't worry about them"....well, let me tell you, I just checked my checking account balance, and found out that Cohen & Slamowitz froze my checking account!! I called them, and was cut off 3 times. but when I finally got somebody, I got the date of lat activity as 3/8/2000, and the date of the purchase of the index number as 9/2006----well over the 6 year SOL for New York State. the Summons and Complaint was ALLEGEDLY served by "nail and mail" on 2/16/07, and filed on 5/9/07. I am just a little comfused about how to handle this. I am actually a nurse paralegal, but I deal with medical malpractice cases, and don'tknow how to proceed to get a judgement vacated that is past the SOL. I spoke to a guy who very rudely told me "File an Order to Show Cause." Do I really have to file an Order to Show Cause for something that can't be held legally in the first place?? Plus the fact that the judgement already came through. of course, these jerks never sent me anything about that either. I wrote them a few letters, CMRR of course, because I had seen on my credit report that they were doing hard inquiries and I didn't know why. I demanded that they remove the inquiries, or at least tell me what they were for, and I never heard from them. Thank God I sent everything CMRR!!! And, I can tell you that I was never served, although they claim they have an Affidavit of Service. They say I owe Providian $2200, which is bullcrap. I would like to avoid an Order to Show Cause, although I would like to do an Instant Order, but tomorrow being Good Friday, that won't happen I don't think, they way the courts work here. If there is a lawyer out there, preferably from New York, can you please tell me how to proceed?? I would appreciate that so much. PLUS---after that is finished, I would like to sue Cohen & Slamowitz for this. Can I do that??? From what I read, they are a "bottom-feeder" collection agency, and they buy really old debt and bank on collecting them by hoping the person is stupid and filing papers to get default judgements. But, I am not that stupid. Can anyone help?

Link to comment
Share on other sites

If you never got a summons file a MOTION TO VACATE JUDGMENT, You defense for this will be improper service. Go to the court house and get a copy of the docket sheet it will tell you on it where they sent the summons. If it went to an old addy then thats proof of improper service.

Link to comment
Share on other sites

I appreciate all of the responses except for the one attempting to hijack my thread! I will send a debt verification letter to Mitchell Kay but I would really like to get some closure and piece of mind by finding out if the bs debt is past the SOL or not. This info is not on my credit report so where can I find it? I want to have some documentation available if any other shady collectors pop up.

Link to comment
Share on other sites

Sorry, what is a FOAD? I am guessing that the account is past the SOL but I have no idea where to find documented proof that the debt is 7 years old. It's hard to know any details about this account because it no longer appears on my credit report. It would be awesome if someone could post a short, step by step plan of action for me.

I REALLY APPRECIATE ALL OF THE HELP SO FAR!

Link to comment
Share on other sites

If you never got a summons file a MOTION TO VACATE JUDGMENT, You defense for this will be improper service. Go to the court house and get a copy of the docket sheet it will tell you on it where they sent the summons. If it went to an old addy then thats proof of improper service.

Sorry to tell you NY state law says that this is legal service.

Service of summons differs state by state.

You need to check how a summons has to be delivered in your state.

IN PA it has to be delivered by a Sheriff or an officer of the court

Link to comment
Share on other sites

FOAD is F#*! Off And Die. If it has been through that many JDB's the chances of any one having proper documentation to sue on are small to non existent.

CBE post #9 said it. Tell them to FOAD, and that this is their notice to cease communication with you under FDCPA, the alleged debt is out of statute in NY and GA, and that your correct address is.... give it to them again....

Now with your address in a letter to them that they signed to receive, you have proof against improper service if they are stupid enough to try.

My bet is that you hear nothing from them, and then one day another letter will show up from some other JDB and you will need to send the letter again. to the new one.

For proof of the account dates, it may seem silly or too simple, but try writting or calling the gym and see if they have any records. You may just get it quick and easy that way.

Link to comment
Share on other sites

  • 4 weeks later...

Well, I wrote a DV letter to Mitchell N. Kay and I received a response stating "we are closing our file and will return this account to the creditor."

Ha! Nice try motherf***ers! 8-) Just call these scumbags out and you'll be fine.

Thanks for all of the help on these boards. The info exchanged on this website really helps people out.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.