Legal Question in Credit and Debt Law in Massachusetts

Re: Respond or Ignore

As a debtor, you have certain rights under both Federal & state law. Depending upon the type of debt ( consumer or commercial), your rights may vary. For example, if the debt was incurred primarily for personal, family or household purposes, all the pertinent provisions of the Fair Debt Collection Practices Act are applicable. Please feel free to contact me direct for a free intitial consult based upon the facts of your specific situaion.;)

Re: Respond or Ignore

If they have threatened legal action but have not initiated it (in other words, made empty threats) they may be in violation of the FDCPA - Fair Debt Collection and Practices Act. You can "get them" on these violations and put $1000 in your pocket plus have them pay your lawyer fees. Who is the collection agency and how much debt do they claim is involved?

Re: Respond or Ignore

You are well-advised to respond to the collection agency/firm before a lawsuit is filed.

These collection agencies thrive on people who ignore notice of claims, complaints, and court dates. The longer you wait in response to a demand for payment, the harder it becomes to challenge it.

Another thing to keep in mind is that a collection agency will not cease attempting to collect a debt just because it is legally questionable - they will only stop when you force them to show their hand.

Responding through a lawyer has a number of benefits:

1. all attempts by the collection firm to contact you must stop;

2. collection agencies holding dubious debts will often just give up once an attorney is involved;

3. it demonstrates to the collection agency that you are prepared to fight them;

4. it forces the collection agency to follow the law strictly for fear of opening itself up to liability for its collection efforts.

I am located in Quincy, and have had great success in challenging and discharging consumer debts. Please feel free to give me a call.

Re: Respond or Ignore

You should certainly contact this agency prior to litigation, and you should contact them through an attorney.

Ignoring the situation is almost never an effective strategy.

Once you respond through an attorney, the agency must validate the debt, stop contacting you directly, and a host of other regulations - an attorney will give you tremendous leverage in negotiating the debt.

Debt Collectors must comply with a host of state and federal regulations - an attorney can help you navigate these requirements, negotiate on your behalf, and ensure that your rights are protected.

Feel free to call/email to discuss further.

Re: Respond or Ignore

If it is a valid debt, and you are liable for the debt, and it is within the statute of limitation, you should respond, preferably through an attorney.