Mirror of Justice - All about Law and More
*Home>>>Collections Law

What's the Statute of Limitations in Massachusetts for collection of credit card debt?


Also, I was told before that if you make a payment (or agreement to pay) on the debt that you reset the "clock" on the statute. Is this the case in Massachusetts? I tried doing some research online and I couldn't find anything specific about resetting the clock..

Should we hire a lawyer to settle credit / collection dispute?
My husband has a debt from a couple years ago that he never paid. Last year, a lawyer's office sent him a basic collection's letter and he requested additional information in writing within the 30 days given...he never received anything back from them and he tried calling them several times and they never got back to him. A couple months after that he received a letter that the case had been brought to court and was assigned to a different lawyer than the one that originally sent the letter. He contacted them and set up a payment plan and paid for only 2 months on it because after that his payments were rejected and he could not reach this "new" lawyer. Today, he received a letter from ANOTHER new lawyer saying that the debt was being handled by them now and it gave an amount that was a couple hundred more than he owes! Should we just get a lawyer to get this ordeal dealt with? Anyone know approx. how much it would be?

The answer to your question is at http://www.lawlib.state.ma.us/debt.html

Here's an excerpt:

Is There a Statute of Limitations on Billing for Bad Debts?, Mass. Attorney General. This archived page from the former Attorney General says, "There is no statute of limitations on billing for bad debts, but there are statutes of limitations for filing lawsuits and for reporting the debts to the credit reporting agencies. Although these do vary depending upon the type of debt, in general there is a six year statute of limitations for filing a lawsuit to collect upon a debt, and a seven year statute for reporting bad credit. It is rarely a good idea to decide not to pay a good debt if you are relying wholly on the statute of limitations, because there are more complicated issues involved, including when these may be tolled, or extended, or even when the statutory period has begun to run. But for your question, even if the statute of limitations has run, as long as a collector follows the debt collection rules and is not harassing you, they may continue to make reasonable collection efforts, short of going to court."

Definitely contact an attorney - the 1st phone call is usually free & sometimes all the advice you need is free. Go to www.Martindale-hubble.com go to practice areas, city/state, look for AV or BV rated w/10-15+ years experience. Report It

My understanding is most states are 7 years. If they have been trying go collect from you and sent you letters or called you, the clock hasn't even started yet!

Could be wrong as all states are not the same but I sat on a jury once where this was an issue as the business did not go after the owners, they went after those on the property and never notified the owners of the debt. it was far more complicated than that and I am sure it sits at some appeals court somewhere!

On some debts there is no such thing, like a tax debt!

Although you have some good information here, why don't you come back and tell us the FULL STORY so we might be able to help sort this out.

Tags
  DUI Law   Drunk Driving Law   Divorce Law   Discrimination Law   Disability   Criminal Law   Collections Law   Consumer Law   Construction Law   Constitutional Law   Computer Law   Child Custody   Civil Rights Law
Related information
  • Another Statute of LImitations question.?

    No no, no no no no no. You misunderstand the term "statute of limitation." It doesn't start running from the time that you make your last payment. It starts running "from the...

  • Major !!! Under age Credit card usage?

    You comitted fraud; damm straight you are responsible for it. Pay it Possible Pay it You can try; I bet it doesn't just go away.

    ...
  • What is the law governing hospital billing practices in Ohio?

    Do you have a written agreement stating you will pay a certain amount each month? If so, they should not be able to turn you over so long as you pay that amount on time. If you do not have a writ...

  • Is it a crime to use company's funds?What kind of crime is it?

    It's not just a question of whether you can repay it or not. You've committed something that not only can your boss sue and fire you for, but you've also committed embezzlement, whi...

  • Legal Advice Needed and Greatly Appreciated?

    You never stated whether or not she signed the promisory note.

    ...
  • Question about privacy laws.?

    Your state laws may be more specific, but the federal law (Fair Debt Collection Practices act) is not explicit about communications that ~could~ potentially be overheard by a third party: "...

  • Jail payments?

    I've never heard tell of a jail charging and then requiring that you pay while you are in jail... something is wrong here. If this is actually true, let it go and live with bad credit. I have ...

  • I need assistance on how to legally fight a collection agency. Here is what happened!?

    Can you file in small claims court? That might be an easier/ less expensive way to go? Not to mention, if you do file this to "fight" it in court, they will likely drop it, rather than ...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster