Legal Question in Credit and Debt Law in Massachusetts

Re: unknown past due accounts

There are federal and state regulations that the debt collector must adhere to. Specifically, they must "validate" the debt and provide you with something that gives you enough information to understand whether or not you are responsible.

Although they can demand payment, they also have to validate and there are time limits with respect to old claims.

There are a litany of other regulations that the collector must abide by, and it is best to contact an attorney to represent your interests in this matter. If in fact you do owe Sears, an attorney can negotiate on your behalf, and ensure that your interests are protected.

Feel free to call/email to discuss further.

Re: unknown past due accounts

Not without proof.

You should ask them to show you evidence of the obligation, along with all evidence of billing and payment.

MAKE NO PAYMENT, AND OFFER NO PAYMENT.

CALL IF YOU NEED HELP.

Re: unknown past due accounts

You should contact an attorney. I have been extremely successful in discharging the debts of my clients.

Based upon the facts as you have presented them, chances are good that if you handle this case properly, you will never have to pay them a dime or step foot in court.

Re: unknown past due accounts

It depends upon a variety of factors, but, generally speaking, the quality of evidence the collector puts forth is a direct factor in determining the success of a court action. If the creditor puts forth a simple sworn affidavit ( thus meeting the requirement of the Fair Debt Collection Practices Act, 15 USC 1692g(a)), it becomes a he said/she said scenario and is a coin toss. However, the collector might be prohibited from bringing forth a successful lawsuit based upon the fact that the statute of limitations has expired (6 years in Massachusetts if the action is based upin a debt). Please feel free to contact my office for a free initial consultation based upon the facts of your specific situation.;))