Legal Question in Credit and Debt Law in Massachusetts

11 year old debt

I had a Sears account that I stopped making payments on in June 1993, when I left my ex-husband. (I resided in MA at the time and until 1999) In 2000, it showed as a charge off on my credit report. I don't know the date it was charged off, just that it was there. I have recently started receiving collection letters and telephone messages from a collection agency trying to collect this debt. I checked my credit report 2 months ago and the charge off was not on there. I also checked again today, and there is nothing on there from this collection agency. I want to know if I am under any legal obligation to pay this debt, and can this agency put it on my credit report? Thank you


Asked on 10/14/04, 4:22 pm

1 Answer from Attorneys
William McLeod McLeod Law Offices, PC

Re: 11 year old debt

If you stopped paying the debt when you say you did, then I believe that the rights to collect the debt would have expired under the statute of limitations for breach of contract - which is 6 years in Massachusetts. However, I do not know the specific terms of your credit agreement, and while it is unlikely, it is possible that the credit agreement may dictate different collection rights.

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Answered on 10/15/04, 10:28 am


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