If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!


Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?


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Massachusetts Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Massachusetts's Statutes Of Limitations. Massachusetts phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Massachusetts Fair Debt Collection Consumer Practices Guide summarizes Massachusetts's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Massachusetts Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Massachusetts’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Massachusetts Debt Exemption Law!

Massachusetts Statutes

The State of Massachusetts has NOT opted out of federal bankruptcy exemptions.

Wages: Massachusetts General Laws Annotated chapter 246, § 28.

Tangible personal property: Massachusetts General Laws Annotated chapter 235, § 34 chapter 246, § 28.

Benefits, retirement plans, insurance, judgments, and other intangibles: Massachusetts General Laws Annotated chapter 246, § 28; ch. 32, § 19; ch. .235, § 34(15), 34A.

Massachusetts Debt Statutes of Limitation

Your debt may have expired under Massachusetts’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Massachusetts Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Massachusetts Debt Statutes of Limitation

Debt instruments issued by banks, Contract under seal: 20 years.

Judgments: 20 Years.

Oral or Written Contracts: 6 Years.

Consumer Protection Actions: 4 Years.

Recovery of Property: 3 Years.

Probate Claims: 1 Year from date of death.

Claims on mortgage notes following foreclosure or on claims junior to a foreclosed mortgage: 2 Years.

Massachusetts Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Massachusetts’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Massachusetts law.

Massachusetts Wage Garnishment Procedural Requirements

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings on and in aid of execution shall be in accordance with applicable Statuteutes. In aid of the judgment or execution, the judgment creditor may obtain discovery from any person in the manner provided in the Massachusetts Rules of Civil Procedure. Mass. R. Civil. P. 69.

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions, written interrogatories, production of documents, physical and mental examinations, and requests for admissions. Mass. R. Civil. P. 26. The Statuteutes provide for both attachment and trustee process. These are traditionally prejudgment remedies to secure satisfaction of the judgment which the plaintiff may recover. It is ambiguous whether these procedures are also available to enforce a judgment.

Interest Rate at which Judgments Accrue Upon finding of verdict for plaintiff for pecuniary damages for personal injuries, consequential damages or damage to property, the clerk of court is required to add to damages interest thereon at 12% per year from commencement of the action. Mass. Gen. L. ch. 231, _6B.

In contract actions, the clerk is required to add to judgment for pecuniary damages interest at the contract rate, if established, and otherwise at 12% per year, from date of breach or demand, if established, and otherwise from commencement of the action. Mass. Gen. L. ch. 231, _6C. Interest at 18% may be awarded by court upon finding that defenses, setoffs or counterclaims of other party were wholly insubstantial, frivolous and not in good faith. Mass. Gen. L. ch. 231, _6F.

Judgment bears interest from day of entry thereof until payment. post judgment interest is at rate provided for prejudgment interest. Mass. Gen. L. ch. 235, _8. Applicable Forms Mass. R. Civil. P., Forms 2 & 2A.

Massachusetts (Debt Collector) Call Recording Law

Under Massachusetts State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Illinois is a two party consent state, meaning you need the permission of all parties that are on the call to record the conversation. Thus you DO need a debt collector’s permission before you can record your phone conversation with him (or her) in the state of Massachusetts.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.

 

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