Legal Question in Credit and Debt Law in Massachusetts
Violation of Mass Gen Laws Chpt 93 Sec 49
Am being harrassed by agency in violation of above, need clear info re remedies/penalties for out-side-of Mass collections (I reside in Mass). Start by filing complaint in which state (agencies are in Calif and NH). These are for Fed'l Staffords, long story (genuine financial hardship, have been cooperative and communicative but am being tortured by these agencies, even though I WANT to pay!!! Consolidation is the problem, can't get reliable, legally-correct info. HELP!!!
1 Answer from Attorneys
Re: Violation of Mass Gen Laws Chpt 93 Sec 49
What specifically are the agencies doing that you claim is illegal?
There's also a federal law, nicknamed something like Fair Collection Practices Act,
which would be perhaps be a more powerful law to apply.
You probably should start by writing a letter (and waiting 30 days for their response)
detailing the problems you have with their debt collection practices -- actually, write
a letter that follows the statute (MGL Ch. 93A) -- chapter 93 puts 93A into play.
Send such a letter to each of the collection agencies AND copy each to the folks you
'really' owe the money to, the people that 'hired' those agencies.
I'm not yet sure where to bring the suit. There are arguments for doing it
here or 'there', and if here, in small claims, regular district court, or
maybe the local federal court.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
I'm not sure I've been very helpful. Please keep in mind that I'm
not your attorney, either, and I haven't the information from you
nor the 'budget' to make further investigations and provide you better
answers. However, I do suggest you talk this over with an attorney
that you contact by telephone. Don't be afraid to call one up for
advice. A lot will help you for little or no money, and many will do
better than I've done here.
G'luck.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.