Legal Question in Credit and Debt Law in Massachusetts
paying a judgement
I had a judgement credit card debit about 15 years ago and was paying this through a debit consolidation co. long story short it was not paid in full. Two and half years go by I never hear anything then one day I get a threatening letter from an attorneys office. I am paying this back but now they are charging me the whole judgement after I already paid most of it.Also I have been sending in payments and receive yesturday two notices in the mail from this law firm one was an acknowlegment of my payment and another was that I better call there office to make a payment arrangement or I was going to be arrested? On the same day. I have asked these lawyers for a breakdown of payments that I have sent it and they won't provided me with this. I do not even know what I'm paying this debt is so old it's not even on my credit report any longer and just feel I am being harassed is there anyone that I could go to for help against these people. I just want these people to leave me alone. I have paid well more than the judgement was originally.
1 Answer from Attorneys
Re: paying a judgement
A judgment in MA is good for 20 years. Payment on the judgment includes statutory interest, which the legislature changes from time to time. This should be based on the current balance as you pay it down.
If they are threatening to have you arrested, they may have had a supplementary process hearing at which you did not appear, otherwise they are blowing smoke. Send the lawyers a letter demanding an accounting of all payments on the judgment from the date of judgment and how the payments were applied. Send it "pursuant to Mass. General Laws C. 93A" certified return receipt. Also include their failure to honor your verbal requests for such information and your belief that you have completely paid the judgment. They have 30 days to respond in writing, after which you can sue them or the original creditor, or whoever owns the debt now. You may ask for double or treble damages and attorney's fees if their response was not reasonable or nonexistent.
You nay be able to file bankruptcy, depending on other factors.
For $200, and copies of all documents, preferably including the original judgment and all records of payments made, I will send the lawyers a letter and get what I can for you. Any litigation (going to court) will be extra and negotiable.