Legal Question in Credit and Debt Law in Massachusetts

Re: debt

You can likely pursue them for violations of the Federal and State debt collection fairness laws. This may put some money in your pocket and stop them from being abusive, however it will not make the debt itself go away. On the abuse action, they can also be compelled to pay your attorneys fees.

A good attorney may also be able to negotiate down the debt, but please understand that the two issues are not one and the same. The abusive attitude is a violation of certain federal laws by the collection agency. The debt itself is your contract with a totally different company who merely hired this collection agency. The agency's screw-ups don't eliminate the debt, but the agency can be punished for their violations on the side.

Feel free to call or email my office for information about your rights in this respect.

Re: debt

Contact the Attorney General - Consumer Affairs Division - and file a complaint.

Re: debt

Pursuant to the Fair Debt Collection Practices Act, every consumer debtor has the right to pursue legal action for both actual and statutory damages (along with reasonable costs and attorney fees) against a debt collector who engages in abusive, profane or threatening behavior. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;))

Re: debt

You may wish to file a homestead IMMEDIATELY to protect your home. You need an excellent consumer lawyer asap! Only knowlegeable aggressive legal action can re-balance this situation or turn it to your favor.

This office provides free consultations on consumer matters.

Re: debt

A few key points in response to your post:

1. It is a violation of state and federal law for debt collectors to be abusive and offensive in their communication with you;

2. It is a violation of state and federal law for debt collectors to threaten extreme collection remedies, such as taking your house and car, which they do not have the power or right to engage in;

3. Nothing will happen to you if you do not pay them the full $4,000.00 by January 22, 2009, except that they will probably file suit against you in the District Court where you reside;

4. They may not garnish your wages or take your home or car without a judgment and order from the court, which they can only obtain at the conclusion of your court case (either by judgment, default, etc.);

5. You have a number of rights in this situation, and you should speak to an attorney immediately. Your options decrease if the collection agency is compelled to file suit against you;

6. You should keep track of any phone calls or correspondence, especially the most recent communication. Write down who you spoke with and the details of the threats being made against you.

Please feel free to contact me. I represent clients throughout Massachusetts in consumer debt situations like this, and can almost always either dramatically reduce the amount of any debt owed or eliminate it altogether.