Legal Question in Credit and Debt Law in Massachusetts
My husband and I bought a camper and lived in it for 3 yrs. Every fall/winter we had mold and
mildew issues. I lost 2 mattresses because the mold and mildew was in the bedroom the worst.
It was fixed 2 times and was at the factory for the 3rd time when we decided to let it get repoed.
It's been almost 3 yrs. and I've been paying a credit company that the bank gave the unpaid
balance to. My husband and I have split up since too. I tried to get a new car for a job I was
going for but they said the balance is showing up as dead dept. Nothing is showing that it's
being paid on it so I did'nt get the car or take the job. My question is; should I let this go to
court or continue paying and not getting anywhere? They would take a settlement but I live
paycheck to paycheck and have nothing. Camper was purchased in New Hampshire and we
lived in New Hampshire now we both live in MA. Company we bought camper from is out of buss.
1 Answer from Attorneys
Frankly, once you are in default, you are better off saving your money and hiring a lawyer. I assist my clients in negotiating a settlement of the debts, usually for between 40-60% of the balance owed. The money you are paying to the credit/debt collection agency each month is probably just paying the interest and their fees.
Nobody can take your property or garnish your wages without winning their lawsuit (either by trial or by your default). If you stop paying, and retain an attorney, you will likely be sued. This is not a bad thing! The filing of a lawsuit can buy you an additional six months to save for settlement. We assist clients in defending debt collection suits throughout Massachusetts, and we get debts resolved once and for all for our clients.
Please feel free to give me a call 617-357-4898.
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