Legal Question in Credit and Debt Law in Massachusetts

statute of limitations

If I contact a ''debt collection agency'' who is hounding me on what I believe to be a debt that the statute has run out on, will the statute start all over again? Either way, accurate or not, how do I handle the incorrect information after I have already filed disputes with credit reporting agencies?


Asked on 12/20/06, 1:04 pm

2 Answers from Attorneys
Dmitry Lev The Lev Law Firm

Re: statute of limitations

Just because the statute has run does not mean that they can't hound -- they can hound forever or until the debt is discharged in bankruptcy. The running of statute merely gives you a rather nice defense if they tried to take you to court. Now, on the other hand they may be in violation of the Fair Debt Collection Practices Act and be liable to you for damages.

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Answered on 12/20/06, 1:12 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: statute of limitations

If the statute of limitation has run, the collector should know about this.

To stop the hounding you can simply write a letter that all future communications must be in writing, no other method is acceptable.

You can contact me if you have questions

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Answered on 12/20/06, 2:57 pm


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