Legal Question in Credit and Debt Law in Massachusetts
A third party debt collector took me to court to collect a supposedly delinquent debt, even though I had been making regular payments to the credit card company and was not delinquent. I brought the records showing the regular payments that had been made and that I was not in arrears to the court, and the clerk warned the collector's representative that if we went in front of the judge he would not look kindly on their action. 2 weeks later I received in the mail a voluntary dismissal filed by their firm. Now, 2 years later they have filed to take me back again! Still have been making regular payments! Now I'm mad! How do I get them to dismiss without having to miss another day of work?
Maureen
2 Answers from Attorneys
This sounds familiar! You probably should have made sure that the prior case was dismissed WITH prejudice, meaning that it cannot be brought again. My advice would be to hire a lawyer to handle this for you and attempt to come to some final resolution. Please feel free to contact my office at 617-357-4898.
What they are doing may be a violation of several federal and state consumer protection laws. If you are correct and the loan is not delinquent, you may be entitled to damages and reimbursement of attorneys fees.
Dmitry Lev, Esq.
617-556-9990