Complaint Review: Mitchell N Kay Law Office - New York New York

IF this debt is mine, it would have occured in Florida and I am now in Texas. If I read correctly, Florida's SOL is 5 years and it stops when you move out of state.

To hell with "requesting" the validation.. DEMAND the validation. They are required by the FDCPA to validate the debt. Be very clear that you want ALL the information, that you are not validating your address. They are required to cease all attempts to collect this debt until they validate it. They are trying to scare you into NOT demanding validation. Don't let them intimidate you.

First, visit the FTC website at www.ftc.gov and download and read the Fair Debt Collection Practices Act and the Fair Credit Reporting Act to learn your rights. SOL issue varies from state to state. You don't present enough information for me to give you suggestions about this. What state was the debt incurred? What is that State's law regarding SOL? Here in NY, if you move out-of-state the SOL timeclock is suspended until you return. This is not true in all states. What I would do: I would send them a certified, return receipt requested letter to DISPUTE the entire amount of this alleged debt and demand validation of the debt (the debt is not yours.) You should request copies of any and all documents that indicate that this debt is assessed to you and that the SOL is not expired. You should also request proof from them that they are allowed to collect in your current state and in the state where you previously resided. Also, you should request complete contact information of the CURRENT creditor and the original creditor. IAW the FDCPA, they must CEASE all collection efforts UNTIL they provide you with the information you have requested (in writing.) Also request all further communications from them to be written ONLY. Advise them that you will not discuss this over the telephone and that you are NOT allowed to take personal calls where you work. This is to set them up for FDCPA violations should they be fool enough to call you or your workplace AFTER they receive your letter. Side note: DO NOT ENTER into any payment arrangement with them!!!! IF you decide that it is your debt and you want to settle it, settle ONLY with the CREDITOR!!!! Also, get any settlement from the CREDITOR in writing that clearly states that the debt is absolved as a result of you paying $XX.XX and that if they report this debt to the CRAs, it will be reported as "paid as agreed." Get these 2 stipulations in WRITING before you pay the CREDITOR a dime!!! Good luck.

I am a little afraid to send a debt validation letter as it states that if I do, the will validate the debt and also seek a judgment. ------------------------------------- Send them a certified letter with return receipt stating: Per the Fair Debt Collection Practices Act I am requesting validation of this alleged debt and that said alleged debt is within the statue of limitations. ----------------------------------- Do not sign your name on this letter as they might pull of the signature and put if on forged documents. This request DOES NOT constitute an acknowledgment of the debt on your part.