Legal Question in Credit and Debt Law in Massachusetts

It may be easier to focus on what they can NOT do, rather than what they can do...which is take all lawful action to collect.

My practice focuses on consumer protection, including suing bad debt collectors.

Some helpful information may be found at my site here: http://www.stopcalls.net

If they are breaking the law of fair debt collection, you may be entitled to $1,000.

Attorney Skinner is correct that there really is only one path a collector may take here. First, they can ask you to voluntarily pay the loan. If you do not voluntarily pay the debt, they will file a lawsuit against you. If the creditor obtains judgment against you, then they have more collection options.

Instead of assuming that the debt collector has done anything wrong, I will assume that you, as a consumer are being honest and looking for helpful advice. That is, a debt collector can only take certain actions to attempt to collect certain debts. Whether the debt is within the statute of limitations matters. Whether you have made any payments recently matters. Whether you have promised to pay might matter. Where you have lived during the delinquency might play a role in answering some of these questions too. They might ask you to make payments voluntarily. If you are unwilling or unable to do so, they may discuss settlement with you. They may file a lawsuit against you. If they do, and if they win, (i.e. obtain a judgment against you), they will likely seek to investigate your finances - through either payment reviews (small claims) or supplementary process hearings (another action filed after a judgment enters on the civil docket). They may follow up with you periodically regarding your ability to pay.

My suggestion is, you do the best you can to pay it - in order to avoid the potential negative impact on your credit, and dealing with the litigation process etc.

There are incomes that are exempt from payment orders - if you are on social security for instance.

I hope this helps.