Legal Question in Credit and Debt Law in Massachusetts
Collections Limitations
I had some mechanical work done on my vehicle in 08/02. I disputed a portion on the work done as it was not required in the resolution of the problem. I made an attempt to settle the issue at the time I went to pick-up the vehicle. The dealership had no one onsite authorized to deal with the problem and proceeded to drive my trunck into their garage and hold it until I paid the invoice in full. I absolutely need my vehicle for work the following day and had no choice but to write them a check. The dealership promised the service manager would call me back and never did. I issued a stop payment on the check. The debt was immediately sent to collections. A collections company contacted me and I sent them a written description of the issue. I never heard back from that company, but they sold the debt to another collections company. I reiterated the same issue to them and sent along with that letter a check for the amount which was not in dispute. That company sent the check back uncashed and I did not heard further until 9/06 - three years after I attempted to reconcile the issue. How long can these companies buy and sell this debt and how long do I have to deal with explaining the situation over and over again. Please help.
2 Answers from Attorneys
Re: Collections Limitations
This is a breach of contract action with a 6 year statute of limitation, with a few exceptions.
Do not send a check for any undisputed amount. This is to be done only after there is a formalized or written agreement.
These people are not nice, and only interested in your wallet.
If you have any other questions, you can contact me.
Re: Collections Limitations
This is a contract dispute between you and the dealership NOT the collection agency. The statute of limitation is typically 6 years. Retain an attorney to get the dispute back to the dealership where it belongs. Good Luck!