Legal Question in Credit and Debt Law in Massachusetts
Charged Off Credit Card
I live in Florida now, but back in the 1990s lived in Massachusetts. I just received a phone call from some sort of collection company telling me that I owed over $5,000 on a credit card that was charged off back in the 1990s. Is there a statute of limitations on credit cards that have been charged off in in the 90s. I know this was probably some company that purchases old debts. I checked my credit report and this credit card or debt does not even show up
3 Answers from Attorneys
Re: Charged Off Credit Card
Yes. We could go after the debt collecter most likely.
Re: Charged Off Credit Card
Yes. The action by the agency may constitute a viloation of the FDCPA, which gives you a claim against the collector and the agency.
Re: Charged Off Credit Card
The statute of limitations for filing an action based on a breach of contract within the Commonwealth of Massachusetts is 6 years, pursuant to Massachusetts General Laws, Chapter 260, Section 2. If the credit card debt was a "consumer debt" within the meaning of the Fair Debt Collection Practices Act (FDCPA) and a debt collector is attempting to collect upon this debt outside of the SOL ( statute of limitations), you may have an action against the debt collector for both actual and statutory damages, along with attorney fees, for violation of the FDCPA. Please contact my office for a free consult based on the facts of your specific situation.