Legal Question in Credit and Debt Law in Massachusetts
Credit Card Default
I defaulted on a Credit Card back in 2001, the Company is now pursuing a court action for collection purposes! My only source of income is SSDI of $ 1300/Mo and the only tangible asset i possess is a 15 year old car! I am concerned about bank seizure of funds and the seizure of my car! What are possibilities of those actions and lastly, i was under the impression there was a time frame by which a Debtor could not pursue an action after 6 years in MA. thank you
2 Answers from Attorneys
Re: Credit Card Default
There is a 6 year statute of limitations by which creditors must bring a claim.
Even if these creditor are outside the six year limit, they (or whoever they have sold the debt to) will still attempt to hound you and scare you in the hopes that you will pay. They may even threaten you with court.
Every time you make a payment, you start the clock running again on the statute of limitations.
I have had much success in the past in defeating creditors and settling these claims once and for all. If you would like a consultation, please contact me.
Re: Credit Card Default
You are indeed correct as to the 6 year statute of limitations on actions based upon contract within the Commonwealth of Massachusetts. It sounds like you may be "judgment proof" which may place you in a good position to negotiate down any amounts in dispute, assuming the action is not time barred by the above limitations period. Please feel free to contact my office direct for a free initial consult based upon the facts of your specific situation.
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