Legal Question in Credit and Debt Law in Massachusetts

Debt Collector claims I owe money for a closed checking account

I closed a checking account in 12/90. I have received no letters from the bank. A debt collector who purchased the debt claims I owed the bank $205 on 9/17/91, then the bank suspended trying to collect. With interest, the collector says I owe $374 and is willing to accept $164.

How do I know I owe this debt? They FAXed me a letter stating I owe it.

If I owe it, I was told by Bank of America that it is likely a charge of less than $5 then they added service charges each month.

Is there a statute of limitations on collection of this debt?

What could happen if I refuse payment?

Can I demand a bill from the bank showing the original debt and any charges?

Thanks!


Asked on 7/16/03, 12:29 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Debt Collector claims I owe money for a closed checking account

As a general rule, the "statute of limitations" means that a creditor cannot use the courts to collect a debt of this type that is more than six years old; he can try, but the statute of limitations is a defense to the law suit. I would suggest telling the debt collector that because the debt is more than six years old, the statute of limitations bars him from collecting, and that if he keeps harassing you, you will sue him for harassment and unfair debt collection practices. If that doesn't scare him off, see a lawyer and ask the lawyer to write a nasty letter. Good luck!

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Answered on 7/16/03, 12:35 pm


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