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If you live in Massachusetts and you're dealing with a debt collector or facing a collection lawsuit, it's important to know what debt collectors can and can't legally do. Similar to the federal Fair Debt Collection Practices Act, Massachusetts has various debt collection laws and regulations. Under Massachusetts debt collection laws, some collection tactics are illegal. Also, if you do get sued, the creditor often has to provide you with specific information about the debt before it can get a money judgment against you. If the collector doesn't comply with the law, you can raise this noncompliance as a defense to the suit.
You can find Massachusetts' fair debt collection laws in the Massachusetts General Laws, Chapter 93 § 49, and the Massachusetts debt collection regulations at 940 CMR 7.00.
Look Out for Legal Changes In this article, you'll find details on federal debt collection laws and Massachusetts state laws, with citations to statutes so you can learn more. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consider consulting an attorney if you have questions about debt collection laws in your state.
Creditors, attorneys for creditors, and assignees of creditors must comply with the Massachusetts fair debt collection law. (Mass. Gen. Laws ch. 93 § 49).
Failing to comply with these regulations constitutes a violation of Mass. Gen. Laws ch. 93.
Unlike the federal FDCPA, Massachusetts' restrictions on debt collection activity apply to all of the following: original creditors (including their lawyers), third-party debt collection agencies, and buyers of delinquent debt who hire a third party or an attorney to collect debt on their behalf. (940 Code Mass. Regs. 7.03).
If you think a debt collector is harassing you in violation of Massachusetts law, you complain to the state Attorney General's office. Although the Attorney General won't intervene on your behalf, it uses complaints to learn about misconduct.
You can also file a complaint with the Consumer Financial Protection Bureau (CFPB) if you have an issue with a debt collector. After you submit a complaint, the CFPB will work to get you a response, typically within 15 days.
You can sue a debt collector for breaking state law. Also, because the federal FDCPA applies in Massachusetts, you may sue for money damages under that federal statute.
However, be aware that fair debt collection violations don't eliminate the debt, nor do they restrict the creditor's options for taking legal action . Talk to a debt relief lawyer if you need help initiating a lawsuit.
A violation of the Massachusetts fair debt collection laws is a violation of the state law against unfair and deceptive acts, and private remedies are available, meaning you can sue the violator for damages. (Mass. Gen. Laws ch. 93 § 49, Mass. Gen. Laws ch. 93 § 9).
When collection tactics don't work (meaning, you don't pay up), the creditor might file a collection lawsuit against you. If a debt collector sues you, you have the right to respond in court . You also have the right to hire an attorney to represent you in the case.
If you don't file an answer to the suit within the response period, the plaintiff (the creditor) can get a default judgment (an automatic win) against you. Once the plaintiff gets its judgment, it can use all sorts of collection methods against you, like wage garnishment or a bank levy, to get paid.
Creditors typically find it easy to get default judgments because debtors often don't respond to collection lawsuits. But in these kinds of suits, the plaintiff's evidence is frequently flawed. Credit card companies and other creditors sell bad debts to debt purchasers, and paperwork tends to get lost along the way. The new owner of the debt might have trouble proving it owns the debt, calculating exactly how much you owe, or proving some other important aspect of its case.
Massachusetts, unlike some other states, requires the plaintiff to provide specific evidence in collection suits.
Massachusetts Rule of Civil Procedure 8.1 requires a creditor that's filing a collection lawsuit to:
By requiring the plaintiff to include this information along with the complaint, Massachusetts law ensures that consumers get critical information when facing a collection lawsuit. If any of this information is inaccurate or missing, you likely have grounds to fight the lawsuit.
Arguably, the most arduous requirement for the plaintiff is showing the chain of ownership, especially when the debt has been transferred multiple times. Under the rule, the plaintiff must show each bill of sale, assignment, or other document evidencing the transfer of ownership of the debt, beginning with the original creditor and including a specific reference to your account number.
If you're getting sued, review the complaint and accompanying documentation carefully to ensure the plaintiff has included proof of every transfer and that each transfer refers specifically to your account. When a complete chain of ownership leading up to the plaintiff suing you isn't present, the plaintiff doesn't have the right (called "standing") to sue you.
Under Massachusetts Rule of Civil Procedure 55.1, the plaintiff can't get a default judgment unless its lawyer files an affidavit stating:
The plaintiff must serve its request for a default judgment to you. If the plaintiff serves you the information by mailing it to your residential address, it must re-verify your address within three months before asking for the default judgment.
These rules apply to any action in which the plaintiff seeks to collect a debt relative to a transaction primarily for personal, family, or household purposes pursuant to a revolving credit agreement, like credit card debt, that's not secured by real property. If you have any questions or doubts about whether the rules apply to your case, talk to a local lawyer.
Even though you're being sued, you can still try to settle the debt . If the collector violated federal or state laws when trying to collect from you, you could have leverage in debt settlement negotiations .
Learn what to do if a bill collector uses abusive tactics .
Read about what you should and shouldn't do when a debt collector calls.
If you need help dealing with an aggressive debt collector, figuring out what option is best for handling your debts, negotiating a settlement, or responding to a lawsuit for nonpayment of a debt, consider consulting with a debt relief lawyer.
If you have a lot of debts, you might want to consider filing for bankruptcy . In that situation, you'll want to talk to a bankruptcy lawyer.