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.


Asked on 10/17/06, 4:37 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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.

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Answered on 10/17/06, 4:42 pm
Joseph Murray Joseph M. Murray, Esq.

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!

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Answered on 10/17/06, 4:51 pm


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