Legal Question in Credit and Debt Law in Massachusetts

Being Sued by Collections for over-decade-old debt
Received summons in January and answered it with a Notice of Intent to Defend--name removed--In my answer, I also denied the claim, mentioning the SOL (in MA 7 yrs)--name removed--

My sole income is from SS disability so I also mentioned that it was safe from garnishment--name removed--I have one dependent and very little money.

2 yrs ago, I tried to neg. a settlement with the collections co. and had my offer refused--this I think has ''restarted clock'' on SOL, since the debt appears on my credit report--name removed--

I am not sure that this is even a legitimate debt, since they have not provided me with any original documents.

I am not sure how to prepare for the coming ''case management conference'' whose purpose according to the notice I received is to--name removed--..determine trial readiness of the case...offer dispute resolution...establish deadlines for discovery...'' etc--name removed--

Any advice would be greatly appreciated--name removed--I have no savings, no money for them to take, but am still worried about protecting myself.

Asked on 5/06/09, 1:15 pm

3 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

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Re: Being Sued by Collections for over-decade-old debt

Sounds like you may be judgment proof.;) Please feel free to contact my office direct for a free initial consult based upon the facts of your specific situation;))

Answered on 5/22/09, 1:43 pm

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Christopher Vaughn-Martel Charles River Law Partners, LLC

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Re: Being Sued by Collections for over-decade-old debt

You should hire an attorney to review your case and file a Motion to Dismiss on your behalf. You also have the right to demand production of documents and other information from the Plaintiff.

Do not hesitate to contact my office if you would like to schedule a consultation. If travel is difficult, I am happy to meet you at a location that is accessible to you.

Answered on 5/06/09, 1:48 pm

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