Brockton, MA asked in Collections for Massachusetts

Q: I made a partial payment on a time barred loan but it had it reversed in less than 2 minutes. Can they still sue me?

Hi, so I had a debt collector who called me seeking a payment. After negotiating back and forth I was going to make a payment on the account only to realize that would restart the loan. I did make a payment of $50 but had it reversed immediately and it doesn't show up in my banking account

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Collections Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: If the debt is otherwise time-barred, the creditor would have to file suit against you and allege that your reversed payment was agreeing to pay the debt. Based on what you say, you do not appear to have agreed to repay the debt.

Also, the creditor has to have informed you that the debt is or may be time-barred. Its failure to do so is a violation of the Massachusetts Attorney General's Fair Debt Collection Regulations and the Federal Fair Debt Collection Practices Act. If the creditor does sue you, in addition to claiming you did not intend to revive the debt by making the reversed payment, be sure to make it known that the creditor did not give you the required warnings about the debt being time-barred, if that be the case.

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