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Massachusetts Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Foreclosure for Massachusetts on
Q: We stopped paying our mortgage when the servicing company messed up. That was 2011, has staute of limitations run out on

It doesn't show on credit report and they want to auction house now after 12 years. Don't care about the house but don't want to have to file bankruptcy 12 years after the fact. We haven't lived there for 12 years.

Christopher Tolley
Christopher Tolley
answered on Apr 17, 2023

The statute of limitations for a suit on a promissory note in Massachusetts is six years from the date of breach and the limitations period can be extended by part payment. If you stopped paying more than six years ago and did not subsequently make partial payments, and there was nothing that would... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Massachusetts on
Q: i financed a car

i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of... Read more »

Christopher Tolley
Christopher Tolley
answered on Feb 22, 2023

This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to... Read more »

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Massachusetts on
Q: Wheel adapter set bought through Amazon from this company and my rear wheel fell off while going 65. Want reimbursement

I’m not the only one this is happened to according to the reviews I imagine it was just poor quality material as I have pictures of everything. The bolt heads were sheared off. Minimal damage done to truck and nobody hurt, but money had to be paid for a rental and other expenditures.

Christopher Tolley
Christopher Tolley
answered on Oct 13, 2022

Forward a demand to Amazon and the company for a refund and all your expenses. Depending on how much is at issue and how much they offer, consider accepting a settlement to avoid the hassle of small claims and having to chase them to collect. Otherwise, if they refuse to pay or do not make an... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Canceled license plates are being used by someone else in another state.

I was in a car accident last year my insurance company considered my car totaled and I canceled the plates in April of last year before they took it. They had messed up when the tow company was coming so my plates were still in my car and I told the insurance guy I just needed an hour before... Read more »

Christopher Tolley
Christopher Tolley
answered on May 25, 2022

Unfortunately I suggest you obtain the services of a New York attorney experienced in this type of law because you are going to have to convince a judge that you are not responsible for the tickets based on your circumstances described above. You can also keep attempting to dispute the tickets... Read more »

1 Answer | Asked in Car Accidents, Consumer Law, Civil Litigation and Identity Theft for Massachusetts on
Q: Massachusetts Boston my wife has a permit and keeps registering and insuraning cars in my name without my consent

Has stolen my identity and opened credit card and I filed a identity theft claim

William J. Amann
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answered on May 27, 2023

It sounds like what she's doing is illegal but that's merely speculative based upon your brief statement. I recommend you contact the Division of Motor Vehicles.

1 Answer | Asked in Consumer Law, Business Law and Small Claims for Massachusetts on
Q: Backed out of shady truck deal 30 days later dealer still hasn’t cancelled loan first payment is over due

I recently started the process of financing a vehicle through a dealer 20 days went by and a new lie every day still no vehicle so I cancelled deal by phone . Its now over 30 day and just finding out loan is still active and first payment is overdue , the dealer is only one who can cancel deal and... Read more »

William J. Amann
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answered on May 5, 2023

Put your protest in writing.

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Car dealer paid off loan for new one I backed out of deal how do I cancel and get my title back

I recently started the process of buying a truck I financed through dealer they agreed to pay off my loan promised truck I 4 days 15 days later still no truck so I backed out of deal I need to pay off my loan and get title

Christopher Tolley
Christopher Tolley
answered on Apr 24, 2023

Can you pay the dealer the payoff amount it paid your lender? That's the only thing I can think of.

2 Answers | Asked in Consumer Law and Collections for Massachusetts on
Q: I filed motion to dismiss in MA but no ruling thus far. 30 days passed. No answer from the plaintiff or court. Options?

how do I ask the court to grant the motion? there is a binding arbitration clause in the contract and I filed a motion to compel arbitration and dismiss the case.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 23, 2023

You have to set your motion for hearing. Your judge may have a website with procedures, or you can call the clerk's office for help.

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1 Answer | Asked in Consumer Law and Construction Law for Massachusetts on
Q: 780 CMR Sec 105.1 recently amended w/ stipulation all unpermitted work must be removed? Can you provide actual wording?

Also involved is 780 CMR Sect 114.1 Unlawful Acts, R114 Violations, can you provide actual wording, I cant find on Mass.Gov. I have spent hours looking. I appreciate any help.

Christopher Tolley
Christopher Tolley
answered on Jan 17, 2023

It's in Chapter 1 of the code. Here is a link to Chapter 1: https://www.mass.gov/doc/780-cmr-ninth-edition-base-code-chapter-1-scope-and-administration-amendments/download

780 CMR 105.1 is on .pdf page 8. 780 CMR 114 is on .pdf page 21.

1 Answer | Asked in Bankruptcy and Consumer Law for Massachusetts on
Q: I am in need of a free bankruptcy lawyer for credit cards

I have been unemployed for over a year, and awaiting disability to be approved, and I need to file bankruptcy for credit cards I cannot pay. Are there any free lawyers I could qualify for?

Christopher Tolley
Christopher Tolley
answered on Oct 26, 2022

Try Greater Boston Legal Services. https://www.gbls.org/get-legal-help

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: A car dealership called someone I know and (falsely) disclosed that a check I wrote bounced. Is this legal?

Is this a violation of privacy laws? Disclosing financial information to a third party?

William J. Amann
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answered on Jun 9, 2022

No, that's not legal, it's slander.

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Massachusetts on
Q: Why don't life insurance prices vary by state?

Do different states not have different regulations or business costs? Is it because life insurance companies cannot discriminate on geography?

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2022

This is something an insurance professional would know better than an attorney. The industry relies more on individual factors such as age, gender, health factors (history of disease, smoking, alcohol, etc.), and activities/line of work, etc. An insurance professional could offer a more... Read more »

1 Answer | Asked in Lemon Law and Consumer Law for Massachusetts on
Q: Can I sue a well reputable bmw dealership for selling me a car for lemon law back around 2018?

I purchased pre-certified 2015 bmw 535xi when it has 55k miles on it and now the car only has 62k miles on it in 2022. it broke down on me yesterday. It's barely driven for all these years and it breaks down (possibly the drivetrain).

Christopher Tolley
Christopher Tolley
answered on Apr 4, 2022

I think you may be out of luck. From the Massachusetts Lemon Law website:

Your Vehicle's Term of Protection

Your used vehicle has a set time frame during which it is eligible for repairs!

You vehicle is eligible for mandatory repairs if the defects occur during your...
Read more »

1 Answer | Asked in Consumer Law and Small Claims for Massachusetts on
Q: can i sue a well reputable debt collector for saying a credit card company is going to file a lawsuit against me?

MCM contacted me saying one of the debts i owe to a credit card company is now in collections but the guy threatening me that the credit card company is going to file a lawsuit against me, he didn't say if he had proof or anything and made me pay fast.

Christopher Tolley
Christopher Tolley
answered on Apr 1, 2022

Debt collectors are not supposed to threaten to file suit unless they actually intend to do so. However, if you owe the money and you are inclined to pay you may want to treat this as an opportunity to make a settlement favorable to you.

2 Answers | Asked in Consumer Law, Contracts and International Law for Massachusetts on
Q: Marriott hotel sublet the event hosting time slot paid my me to another party. Want to sue Marriott.

Marriott hotel in Kolkata, India was booked by us for a day to host my brother's marriage. Marriott sneaked in two more parties in our time slot before our events began and hence we could not decorate our event properly since other parties were still present. The time slot assigned to us was... Read more »

Christopher Tolley
Christopher Tolley
answered on Feb 7, 2022

Where did you sign the contract, in the US or in India? What does the contract say, (the terms and conditions may be online) do Indian or US laws apply? You can always write a demand letter to Marriott in the US. he worst they can do is say no.

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1 Answer | Asked in Consumer Law, Contracts, Collections and Lemon Law for Massachusetts on
Q: If I have a duplicate title to my vehicle and the spot for lien holder is empty could there still be a lien on my car?

The rmv website says no lien holder and on my title it only says my name and information nothing about a lien holder could there still be a lien holder on my vehicle?

Christopher Tolley
Christopher Tolley
answered on Jan 28, 2022

If this is a passenger vehicle, according to Massachusetts law, if there is no lienholder on the title, the secured party's interest, if any , has not been properly perfected and there is no lien on the vehicle.

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Hello, I'm have an issue with a landlord that is not returning a deposit and it has been well over 30 days.

It was a month to month lease. No Damages. She has retained a lawyer. I have reached out to him, given him details last week via a text, he has not not responded to my calls or messages.

Christopher Tolley
Christopher Tolley
answered on Oct 14, 2021

Massachusetts security deposit (if that is what you are talking about) law is very favorable to the tenant, but there are very particular aspects to the law. Go to masslegalhelp and read up on a landlord's obligation to return a security deposit (if that is what you are talking about) If... Read more »

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1 Answer | Asked in Consumer Law for Massachusetts on
Q: What steps should I take if being sued by debt collector? I received letter to appear in court. I owe a portion of debt.

I do not have means to pay amount owed. May I offer settlement to be paid over time?

Christopher Tolley
Christopher Tolley
answered on Sep 20, 2021

Certain forms of income are exempt from collection. If you only have exempt income, the debt collector cannot collect funds from you. Exempt income includes, but is not limited to Federal old-age, survivors and disability payments, Supplementary Security Income (SSI) for the Aged, blind and... Read more »

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I've been served papers re a credit card debt by mail with no date of service. Wondering how to calculate the 20 days.

I'm also confused about how to properly file the answer. I would appreciate some direction. Thank you.

Christopher Tolley
Christopher Tolley
answered on Sep 7, 2021

What is the date of the complaint you received? I would count the 20 days from that date. Your answer should contain numbered paragraphs corresponding to the numbered paragraphs of the complaint. You should also insert any affirmative defenses, such as, this is not my debt, I paid this in full,... Read more »

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