Legal Question in Credit and Debt Law in Massachusetts
credit card debt that was 6 yrs old
I live in MA. I had a credit card in 1999 that i only made 3 payments on. The debt has been sold to several parties and just last month, I received a phone call from a law office demanding payments on the debt. When I asked for any proof of the debt, the representative said the office had sent papers to court for supina and I cannot see them unless they sue me and have a judgement against me. I was scared and made a payment deal with him. 50% off the whole loan balance and post dated 2 checks.
Was there anything that I could have done or said to him before making a deal?
Could I have avoided this deal even though he said the papers against me are in court, I do not want to go to court that's why I made the deal.
2 Answers from Attorneys
Re: credit card debt that was 6 yrs old
That was probably not an actual lawyer - illegally pretending to be one is the latest debt collector's trick. Everything the collector told you is illegal. Federal law requires them to produce a copy of the document upon which the debt liability is based once requested. And it is also illegal to ask for (and accept) post-dated checks. I would stop payment if I were you.
Go to the Mass Attorney General's site. Click on consumer rights, then clink on the links about debt collection. I think there's a handy AG debt collection rights 'advisory report.'
If the collector comes back after you stop payment, send letter citing the illegal conduct as guided by the AG materials, along with a copy of advisory report. I would also report the collector's conduct described here asap. I think you'll find a consumer complaint link on the AG debt coll web pages as well.
Re: credit card debt that was 6 yrs old
Under Massachusetts law, Chapter 260, Section 2, the statute of limitations on a 1999 credit card obligation expired in 2005. Assuming the debt was a consumer debt, the law office which contacted you may be in violation of the Fair Debt Collection Practices Act (15 U.S.C. 1692e) which prohibits a debt collector ( including a collection attorney) from attempting to collect upon a consumer debt where the applicable statute of limitations has expired. Also, if one assumes the law office represented to you they had requested a subpoena prior to commencing an action, they may have been falsely representing to take an action they could not take ( a subpoena can only be requested subsequent to commencement of an action under Massachusetts Rules of Civil Procedure 45). As such, they may be in violation of the Fair Debt Collection Practices Act. In addition, the law firm and the orginal creditor may be in violation of Massachusetts General Laws, Chapter 93, Section 49 which prohibits a debt collector from attempting to collect a consumer debt in an unfair, deceptive or unreasonable manner. It seems you have a number of issues which you are entitled to explore. Feel free to call my office for a free consult regarding the specific facts of your situation.
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