Stephanie
“Dear Steve,
My husband had bought a (used, but newer) truck a few years before we married (around’03?) He sold the car(truck) because full insurance with his driving history (at the time) made insurance and payment more than the rent payment. He knew he was “upside down” on the truck lien when he decided to sell it.
Trying to get to the point, he found a buyer, and he paid the difference between what the bank said he owed, and what the buyer paid. So, with that the lien was signed off and the title released to the new owner. Now, some 5+ years later, he’s getting calls (no mail which he requested regarding this matter). from the Law offices of Mitchel N. Kay. He keeps getting calls from them.
He originally wrote letters disputing this, obviously to no avail. If the lienholder released the lien on the title, How can they say he still owes money? (They claim /admitted that it was a computation error on their part as to the payoff amount, but they released the lien, How can they do this? My husband wants to borrow money to purchase an established car lot, but this is holding him back, other than disputing this again, any other suggestions about how to get this off his record and the Mitchell N. Kay people from placing automated cals to my cell, even after my husband asked them to notify him of this alleged debt by mail, and not to call the # again.
I’ve got a record on my cell of the calls, can’t they be fined for calling, after being told #1 that is not his phone and #2, not to call again. Thank you, thank you, thank you for any advice you have. “Googling” Mitckell N. Kay, come up with tons of negative complains agains him, I wish he/they could be shut down.
Many thanks,
Stephanie”
Dear Stephanie,
As long as you can prove that the lien was released by the original creditor I can’t see where they’d have a reasonable case. Maybe they are making the argument that you can’t benefit from a gain that was given to you in error.
Since getting the car lot is dependent on resolving this quickly I would suggest that you contact a local attorney to represent you in this matter. Once your attorney contacts them and tells them he or she is representing you, they should stop calling you.
It seems that this matter is best resolved with communication between professionals and an application of the law rather than getting yourself upset and winding up in a pissing contest with the collector that isn’t interested in or going to resolve the issue.
Do you think that approach makes sense?
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