Massachusetts Collections Questions & Answers

Q: I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to

2 Answers | Asked in Small Claims and Collections for Massachusetts on
Answered on Dec 14, 2018
Christopher Tolley's answer
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative: https://www.masslegalhelp.org/consumer/debt/rights/debt-collectors

I am not as...

Q: Can a court take my social security disability for a debt judgement. Even if it my only source of income

1 Answer | Asked in Collections for Massachusetts on
Answered on Jul 30, 2018
Christopher Tolley's answer
Unless the debts sought to be collected are child support, federal taxes or student loan repayments you owe, the answer is no. The issue is for you to be proactive, since the court may give the creditor a bank account attachment or order you to make payments because they are unaware your income or funds are from SSDI. Be sure to tell your creditors your only income is SSDI and if you have to go to court, tell the judge as well.

Q: I owe 4 months condo fee and add late fees send me letter that is going to collection agency what action should I take

1 Answer | Asked in Collections, Consumer Law and Real Estate Law for Massachusetts on
Answered on Apr 23, 2018
Christopher Tolley's answer
Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees and costs of collection are similar to real estate taxes, condominium associations I have dealt with are not inclined to discount or waive common area fees or late fees.

However, here are some other...

Q: If I owed money to my college, they sent it to collections and garnished my taxes, legally can they still collect the $?

1 Answer | Asked in Collections, Consumer Law and Tax Law for Massachusetts on
Answered on Apr 6, 2018
Christopher Tolley's answer
Usually a creditor can only collect what it is owed, so if the tax offset paid your debt in full, they should not be able to further offset any more refunds. The Department of Education has a good website that is easy to navigate and has a lot of information on questions like these: https://studentaid.ed.gov/sa/repay-loans/disputes/common-issues#offset

Q: Parent received a large bill from the Rehab/nursing home she was in for a few months. Medicare paid their portion.

1 Answer | Asked in Elder Law and Collections for Massachusetts on
Answered on Apr 5, 2018
Lillian J. LaRosa's answer
Are you power of attorney for mother? Is mother competent at this point? If you are power of attorney for her you can try to negotiate with the rehab or you can set up a payment plan. Heep your records for the MassHealth Medicaid application.

Q: My son and daughter in law signed a financial agreement to repay me $150000 over a period of 20 years.

2 Answers | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Answered on Feb 16, 2018
John Espinosa's answer
If the note you hold is also secured by a properly recorded mortgage, then you can foreclose. If there is no mortgage then the only recourse would be to sue them for default of the loan. You should hire an attorney either way.

Q: If a document has been misrepresented by a plaintiff, can the defendant convince the court to rule it inadmissible?

1 Answer | Asked in Contracts and Collections for Massachusetts on
Answered on Sep 5, 2017
Jonathan R. Roth's answer
You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from an attorney.

Q: Company that sued in small claims court sold my account. Who do I owe?

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Massachusetts on
Answered on May 16, 2017
Ali Shahrestani, Esq.'s answer
The entity that purchased the right to the money would be owed the money from you, but they'd have to provide you written proof of that right. Otherwise you won't know whether they're trying to scam you or not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: Am I liable for my underage son's eBay and PayPal account balances

1 Answer | Asked in Consumer Law, Contracts, Collections and Juvenile Law for Massachusetts on
Answered on Mar 30, 2017
Ali Shahrestani, Esq.'s answer
Yes, you may indeed be sued for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: Someone stopped payment on a check owed me

1 Answer | Asked in Consumer Law, Banking, Collections and Landlord - Tenant for Massachusetts on
Answered on Mar 24, 2017
Ali Shahrestani, Esq.'s answer
See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/securitydeposits.html

If the security deposit was owed to you, you may be able to sue for failure to refund it in a timely manner. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...

Q: If a debt is from 2011, could I still be liable for the debt if I go to the hearing?

1 Answer | Asked in Collections and Consumer Law for Massachusetts on
Answered on Mar 6, 2017
Ali Shahrestani, Esq.'s answer
See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260

See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2

You might be running very close to the SOL. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...

Q: Do I need to file a new Homestead Declaration to protect my home? Is Railraod Retirement safe from attachment?

1 Answer | Asked in Collections for Massachusetts on
Answered on Oct 22, 2015
Terrence H Thorgaard's answer
It appears that everything but the home is your husband's, so that should be ok. I wouldn't think that the homestead declaration would expire, so if the homestead exemption is unlimited, you should be fine.

Q: How do I make collections agencies and a local law firm STOP calling me? They refuse to correct a phone number error.

1 Answer | Asked in Collections for Massachusetts on
Answered on Aug 18, 2015
David B. Levin's answer
Talk to a consumer protection lawyer in your area. Though I can't draw any conclusions here, it is possible that the agency or agencies contacting you are in violation of one or more consumer protection statutes, and you may be entitled to damages in addition to putting a stop to the calls.

*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal...

Q: Can a collection agency have you arrested?

1 Answer | Asked in Collections for Massachusetts on
Answered on Jul 27, 2015
David B. Levin's answer
Contact an attorney. A collection agency that threatens you with arrest if you don't make payment arrangements with them or pay a civil debt in full is in violation of the Fair Debt Collection Practices Act and possibly state consumer protection law as well. A local consumer protection attorney can assess exactly what you were told and determine whether you may have a claim for money damages.

*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department....

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