Legal Question in Credit and Debt Law in Massachusetts
I currently have my license suspended in Massachusetts. I owe a Law firm money ($900) I have attempted to pay on numerous occasions (even having 900 in hand attempting to pay ) but was told that i was being charged 12% interest a month, which is against MA law as I was never brought into court and the law clearly states that this can only be done if i appear in open court and not per month but annually.
It was brought to my attention that the statue of limitations is up on the claim and that they no longer have a legal right to hold my license under the original contract.
How do I get the DMV to release my Drivers License with out talking to the law firm as calling them would under mass law allow them to reattach a lien and get me to enter into a verbal binding contract ?
They have had my license for 6 years now making it imposible to work in my field forcing me to work jobs for minimum wage.
Please help
Also I live on the west coast now so going to the dmv is kind of out of the question for me since i cant afford to fly anywhere.
3 Answers from Attorneys
you are misapplying Mass Law.
Who is holding your license and why?
whether interest is allowed depends on your retainer agreement.
I currently have my license suspended in Massachusetts. I owe a Law firm money ($900) I have attempted to pay on numerous occasions (even having 900 in hand attempting to pay ) but was told that i was being charged 12% interest a month, which is against MA law as I was never brought into court and the law clearly states that this can only be done if i appear in open court and not per month but annually.
--> Your interest rate depends on your contract. You are referring to the 12% post judgment statutory interest rate that applies to money judgments in Massachusetts. They would be two separate things.
It was brought to my attention that the statue of limitations is up on the claim and that they no longer have a legal right to hold my license under the original contract.
--> I am not sure about the right of anyone to hold your license, however, you indicate below that you are residing outside the Commonwealth. In many circumstances, the statute of limitations is tolled (i.e. frozen, or does not run) while a potential defendant is living outside the Commonwealth.
How do I get the DMV to release my Drivers License with out talking to the law firm as calling them would under mass law allow them to reattach a lien and get me to enter into a verbal binding contract ?
--> I doubt that contacting them by itself would reactivate anything, sometimes promising payment, making a payment, or other like actions might re-start the statute of limitations, but since the SOL may be tolled anyway, that may not matter.
They have had my license for 6 years now making it imposible to work in my field forcing me to work jobs for minimum wage.
Please help
Also I live on the west coast now so going to the dmv is kind of out of the question for me since i cant afford to fly anywhere.
--> It sounds to me like a complicated situation. You should probably contact an attorney direct to clarify some of these points, and find out what your next steps should be.