Legal Question in Credit and Debt Law in Massachusetts

Re: Statute of limitations expired - lawsuit threat

Pursuant to the Fair Debt Collection Practices Act, a debt collector must bring an action either where the consumer resides or where the consumer signed the contract. The jurisdiction where the action is brought determines the statute of limitations.;))There are exceptions to every rule.;) Please feel free to contact my office for a free initial consult based upon the facts of your specific situation;)

Re: Statute of limitations expired - lawsuit threat

The first thing you should do is hire an attorney to send a demand for validation of the debt under the FDCPA.

It is possible that this alone will prevent the collector from taking any further action. If they are unable to produce validation of the debt within the time permitted by law, they may not sue you.

Whether Rhode Island or Massachusetts has personal jurisdiction over you depends upon the credit card Agreement and the specific facts of your case.

Re: Statute of limitations expired - lawsuit threat

We would need more facts to respond properly. Where are you being sued (What state and court). Do you have any reason why you feel that this suit is improperly brought. What law does your original credit agreement say should apply to this credit card?

Please feel free to contact us for a free consultation.

Re: Statute of limitations expired - lawsuit threat

We would need more facts to respond properly. Where are you being sued (What state and court). Do you have any reason why you feel that this suit is improperly brought. What law does your original credit agreement say should apply to this credit card?

Please feel free to contact us for a free consultation.