Legal Question in Credit and Debt Law in Massachusetts
old debt
I got a call from a collection agengy stating I have an outstanding debt from 1994. What should I do about this situation?
2 Answers from Attorneys
Re: old debt
The statute of limitations (time after which no lawsuit can be filed) is 6 years. That clock runs from the date of "default" on the repayment, and gets re-set every time a new payment is made. Collection agencies like to sucker people into a "plan" and making a "small payment" that has the legal effect of renewing the debt (starting the 6 year clock over again) and then filing suit. If the debt is worth fighting you may wish to consult with an attorney regarding the specifics of your case.
Re: old debt
If the debt was incurred primarily for personal, family or household purposes, send them a "cease and desist" letter pursuant to the Fair Debt Collection Practices Act, and if they continue contacting you regarding the debt subsequent to sending this letter, they may be liable for actual damages, statutory damages up to $1000 plus reasonable attorney fees for bringing the action under the aforementioned act.