Legal Question in Credit and Debt Law in Massachusetts

Re: Over 7 years old Debt

The statute of limitations (time after which no lawsuit can be filed) is 6 years. That clock runs from the date of "default" on the repayment, and gets re-set every time a new payment is made. Collection agencies like to sucker people into making a "small payment" that has the legal effect of renewing the debt (starting the 6 year clock over again) and then filing suit. If the debt is worth fighting you may wish to consult with an attorney regarding the specifics of your case.

Re: Over 7 years old Debt

Generally speaking, pursuant to Massachusetts law, the statute of limitations on an action arising out of a contract is 6 years. A collection agency (including an attorney who regularly collects debts) can be liable under the Fair Debt Collection Practices Act if he/she attempts to collect upon a consumer debt ( a debt incurred primarily for personal, family or household purposes) which is outside the applicable statute of limitations. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.