Legal Question in Credit and Debt Law in Massachusetts

A judgement won by LVNV Againest me for not showing up(they sent paperwork to wrong address). found out I had a warrant,so I went to court,didn't know what to do,so I agreed to pay $50.00 a month. the judgement was for $3600.00 & CapitolOne charged it off in 2004 for $844.00. My Question is, Isn't there a law that debt collectors can only sue for the principal owed? Q2- I made 3 payments to LVNV(have proof)& recieved a letter from some attorney saying that I have to sent payments to him not LVNV & my Bal. is now $4300.00. I am not paying this month, Should I go to the court house with this letter from this attorney? & how can they increase the amount of the judgement after a judge signed a lower amount? What motion can I file with the court to appeal the judgement againest me? This is BS, What can I do? Live in MA.


Asked on 1/21/11, 5:53 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to say that your mistakes are simply the result of not understanding the rules of the game you are playing. Lawyers are trained to understand and effectively use court and procedural rules to reach a just outcome.

First, if you were not served at your address, the underlying judgment against you should be vacated. Go to the courthouse and tell the civil clerk you would like to file a "Motion to Vacate" the judgment.

Secondly, given the age of your debt, you may have a defense that the claim is barred by Massachusetts's six-year statute of limitations.

Third, parties to a contract can charge interest on the amounts owed. When they file suit, they are permitted to sue for all amounts borrowed and all amounts you promised to pay in late fees, interest, etc.

Fourth, when a party is represented by an attorney (like LVNV), you need to deal with their counsel. Your payments should have been sent to their attorney, not directly to LVNV. This was your error. That being said, if LVNV negotiated those checks, your judgment balance needs to reflect that.

Lastly, judgments in Massachusetts continue to earn 12% interest until paid in full. If you are paying $50.00/month, you are probably not even covering the interest which is accruing. Creditors love to get debtors in this position, and this is why I almost ALWAYS advise against "payment plans".

Good luck. If you are reading this post and wondering how to deal with your debt, contact an attorney as soon as possible. The sooner you get help in confronting creditors, the better the outcome.

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Answered on 1/27/11, 8:17 am


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