Legal Question in Credit and Debt Law in Massachusetts

bringing a law suit against a credit collector

I made an arrangement with a credit collector to pay off a default loan. The original loan amount was about $7000. They told me it is now $17,000 with collection fees and interest. I made arrangement with them to pay a one time amount of $10,000. I paid $8,000 instantly with my credit card. About two months later when I went back to pay the $2000 difference they told me the deal is off, and that I now owe the full $17,000. And this is after they've accpeted a partial payment of the $8,000 several weeks earlier.

My question is; how can I bring them to court in Massachusetts to abide by the original contract, even though it was not written. What forms do I need to file, where and how?


Asked on 5/09/01, 12:34 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: bringing a law suit against a credit collector

You would need to file in District Court. The exact location will depend on where the creditor is doing business in the State. It may be difficult to prove you had a contract if there is no written agreement stating the payment was in full satisfaction of the loan. If could prove the existance of a contract, you may have a claim for double or treble damages under eithe the Fair Debt Collection Act or the Mass Consumer Protection Statute (93A) You may want to consult with an attorney prior to filing the suit to ensure that all of the correct procedures are followed.

Read more
Answered on 6/20/01, 1:17 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts