Legal Question in Credit and Debt Law in Massachusetts

civil suit

I have been requested to appear in court in august for a credit card with a $500 limit i tried many times to tell them that i was not late on pymts and they were suppose to get back to me but never did and i got tired of sending payments in on time only to get another late fee and over limit fee now its up to 1200+ plus costs how can i deal with this?must i appear in court or not?


Asked on 6/18/07, 8:54 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: civil suit

absolutely, and you should also file any counterclaims that you may also have, and bring all evidence of payments,

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Answered on 6/18/07, 9:08 am
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: civil suit

If you were properly served with a summons and complaint( under Massachusetts law, either in hand or at your usual abode), you must file a proper appearance with the court and appear at any and all scheduled court hearings or suffer the consequence of a possible default. Insofar as the issue of late versus timely payments, that is a question of fact for the court to decide. The exorbitant "late fees" the credit card company was charging raises an issue of whether or not such fees are usurious and in violation of Massachusetts law. Feel free to call my office for specific advice and consult.

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Answered on 6/18/07, 9:31 am


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