Legal Question in Credit and Debt Law in Massachusetts
What's legal in MA for collectors?
My atty pd my car in full in Nov 05 during my closing (home). Several weeks later, I rec'd the title in the mail (electronic and in my name - no lien holder). In Feb/Mar 06 I got a bill from my car company for 2 payments! I called & they said I actually owed $64. They call and leave very threatening messages on my answering machine and today spoke with my husband and told him I owe $64 or they're going to take possession of their collateral! Question: isn't this illegal in Massachusetts? They claim it's not and they can continue. I am sending them a copy of the title that THEY relased to me when I paid the loan in full. They do not have any collateral. I'm getting tired of them calling and threatening me. what can I do??
2 Answers from Attorneys
Re: What's legal in MA for collectors?
1. tell them that pursuant to the Federal Fair Debt Collection Practices Act, you are instructing them to stop calling you.
2. Tell them that pursuant to the Federal Fair Debt Collection Practices Act you dispute the debt and request verification of the debt, which they must provide by law within 30 days.
3. Ask to speak to a supervisor.
It sounds silly but "Federal Fair Debt Collection Practices Act" are like magic words, if you say them, the creditor knows you know whats going on or that you have spoken to an attonrey and this usually gets them to behave.
Finally, call the lawyer who paid the debt and try to get him to resolve it for you.
Re: What's legal in MA for collectors?
The prior information is correct. I would also call your old attorney and have him check on this. You could also call the office of the attorney general in massachusetts, office of consumer affairs.
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