Legal Question in Credit and Debt Law in Massachusetts
In Massachusetts can a third party collector use copies of statements as
burden of proof or do they have to provide the original signed agreement?
2 Answers from Attorneys
In MA (or NH) copies of account statements can be submitted to the court as some evidence of the debt claimed. There is a legal theory under which it is usually presented called: "Account Stated." In addition to that, debt collectors can simply issue "Requests for Admissions" whereby you would have to admit or deny, under oath, that you had the debt. That too could be enough to satisfy their burden of proof.
When dealing with third party debt collectors, your best defense is a good offense. Always contact a consumer protection attorney as soon as the harassment begins. The first call; the first letter; let me know. By the time it gets to Court, unless the debt truly is not yours, there usually isn't much more we can do for you except help work on a settlement.
I agree with the previous attorney. You should contact counsel and discuss your realtistic options. Our office handles cases like this routinely. Feel free to give us a call. 617-357-4898.