Legal Question in Credit and Debt Law in Massachusetts

: Civil Lawsuit

According to your facts there is a problem for which you need to consult an attorney. One would have to see the pleadings, and see if this is indeed a misplaced legal filing. To do nothing is not an option.

Re: Civil Lawsuit

The first issue is whether or not the statute of limitations has passed on the debt. Pursuant to Massachusetts General Laws, Chapter 260, Section 2, the statute of limitations on a breach of contract claim is 6 years from the date of breach (in this case the default on your credit card debt). The second issue is whether or not the plaintiff has proper jurisdiction over you in Rhode Island, if you are a resident of Massachusetts. Not being a licensed attorney in Rhode Island, I couldn't answer that question. Assuming the plaintiff does not have proper jurisdiction of you in Rhode Island, they could obtain a default judgment against you and seek to enforce the judgment in Massachusetts. It would be at that point where you could raise certain defenses, not the least of which would be that the Rhode Island judgment is invalid due to lack of jurisdiction. Further, you may have possible counterclaims against the law firm for violating the Fair Debt Collection Practices Act, assuming the debt was for personal, family or household purposes and providing the debt sued upon was beyond the statute of limitations. Lastly, pursuant to the FDCPA, a debt collector law firm must bring forth the action either where the consumer signed the credit contract or where the consumer resides. Feel free to contact my office for a free consult regarding the facts of your specific situation.