Legal Question in Bankruptcy in Massachusetts

finances

I am behind in a credit card due to being out of work for a while. I have made several arrangements with this collection company and each time they would call me back and say it is not good enough. I recently made yet another arrangement for one hundred dollars a month and have been sending it in to them now again it is not good enough and they want it all now and keep calling and harrassing me daily. They are trying to involve my husband into the account and it is in my name only. They want to put a lien on my house. What are my options at this point aside from claiming bankruptcy. The account is just a little over two thousand dollars. They are really stressing me out. Obviously my credit is bad and I don't have the money all up front. Why is it they can make arrangements they are happy with then all of a sudden it is not good enough. Is this legal? I need some answers so I can maybe sleep a little at night.


Asked on 3/17/07, 2:33 pm

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

Re: finances

First, no one can put a lien on your house without the court's permission. They would need to go through the proper procedures, and you would know that this is coming. They are usually quick to threaten but slow to carry through. As for "arrangements," unless they are in writing and written in your favor, the collection agency can change their mind at any time and come up with a new reason to bother you. Under the FDCPA, you have the right to tell them not to call you anymore and if they do not comply, they can be assessed a $1000 penalty for each time they call, and this penalty will go directly to you. You are best making the "don't call me" demand in writing, so that you have proof.

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Answered on 3/24/07, 1:26 am


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