Legal Question in Credit and Debt Law in Massachusetts

The clock starts ticking at the time of the default under the agreement. Whether this happens at the time the payment was due or at the time a demand was made -- this depends on how the agreement reads.

Being sent to collections is not the end of the world. The collection agency can do no more legally than the college itself, although the agency could be more annoying. When and if they decide to sue, the fact that the statute of limitations ran out may be a viable defense. However, it may be prudent to contact the credit card company preemptively to try to obtain the statements from 2006 that show that you made the payment.

I agree with the previous attorney.

First, I would pull your credit report and find out who is reporting and what they are reporting.

Secondly, I would contact my credit card company and request copies of statements for the period in question. This may cost money.

Lastly, you may want to contact your college and requests statements from the bursar's office. The way you are describign your interaction with the caller, it sounds more like the behavior of a debt buyer than a community college bursar's office.

You may have a statute of limitations defense in this case, but it depends upon when payment was due and, if at all, you failed to make payment.

You will probably need an attorney. Feel free to contact our office when the time comes, or if you want to try to resolve this before litigation.