Legal Question in Credit and Debt Law in Massachusetts
Can I Dispose of these Encylopedias after 22 years?
I purchased in 1986 a complete set of encylopedia Britanica on payment plan.
Britanica breeched contract, sent me 1/2 the order after 6 months of contract date then additional books 6 months after that. One extra set of Hanyman Books, they never completed the set.
I was to receive my entire order all together in one delivery/order. Not 2, not 3 deliveries and year later.
I wrote them told them they breeched contract, I stopped paying them and tried to send them back their encylopedias. They (Britanica) would not take them back, as of course because they were outdated print. Britanica had sent me older volumes. Not the year date printed they had promised.
Now 22 years later I have had the 3rd credit collection company hounding me about the Britanica bill of $1200. I am sick of caring/storing/and getting hate mail about these books. Can I dispose of them? This collection company don't want the books either.
My question: Can I give them away to needy home school family or Goodwill. This has gone on long enough. As far as I am concerned Britanica owes me now for 22 years of encylopedia storage as they never picked up their books. Please help!! I need to get rid of this excessive baggage. Thank you.
3 Answers from Attorneys
Re: Can I Dispose of these Encylopedias after 22 years?
The statute of limitations on a contract is six years according to Massachusetts law. There would seem to be an issue of whether or not the collection agency has a right to collect upon any amounts allegedly due & owing, pursuant to the Fair Debt Collection & Practices Act.;)
Re: Can I Dispose of these Encylopedias after 22 years?
You most certainly can dispose or donate the encyclopedia collection as you see fit.
The collection agency is most likely out of luck here, as the statute of limitations on collection of a debt is only 6 years. Based on the limited facts presented here, it appears their ability to collect this debt ceased years ago.
Your most effective course of action would be to have an attorney send a debt verification letter and demand that all contact with you cease. Debt collectors are required by law to comply, or face potential penalties.
: Can I Dispose of these Encylopedias after 22 years?
If you need this as evidence for any collection action against you, then do not dispose of these and any documents related to this.
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