Legal Question in Credit and Debt Law in Massachusetts
Collection Agencies
For the past 7-10 days every day I get a call from a collection agency. They leave a msg on my answering machine. Aren't they limited to how many times they can call you a month. No one in my house is behind in any of their bills (credit cards), I run my credit report every year & there is nothing negative there. Appx 12 yrs ago in a messy divorce I lost my house & credit cards had charges ex spent on his girlfriend so I refused to pay but that was 12 yrs ago & they do not show up on my credit reports what can/should I do about these calls. If these are from 12 years ago how can they still call me I thought it was 7 yrs and like I said my credit report is good and my number are in the middle 700's. Can/shoud I just call them back & tell them to never cal me they must have a wrong number, just ignore -- they call at 9AM. I have one of the most common last names & actual fairly common first name
2 Answers from Attorneys
Re: Collection Agencies
It sounds like you are absolutely correct about your rights in this situation. The problem is, just because they can't collect the money from you doesn't mean they won't try.
You should give me a call. I have been quite successful in make companies and debt collectors like this go away forever for a small flat fee.
Re: Collection Agencies
The conduct governing "debt collectors" are dictated by the Fair Debt Collection Practices Act (15 U.S.C 1692 et. seq.) as well as the Massachusetts Consumer Protection Act and the Massachusetts Debt Collection Law. Generally speaking, a debt collector cannot contact a consumer debtor; 1) at any unsusual time or place or a time or place known to be inconvenient to the consumer, 2) if the debt collector knows the consumer is represented by an attorney with respect to such debt, 3)at the consumer's place of employment if the debt collector knows that the consumer's employer prohibits such communications or 4) if the consumer notifies the debt collector in writing that the debtor wants the debt collector to cease and desist all further communication. Further, a debt collector cannot contact a consumer debtor more than twice in any seven day period at the debtor's home (or billing address) and more than twice in each thirty day period at any other address. Violation of the aforementioned statute can give rise to a private right of action for damages, costs and attorney fees. Please feel free to contact my office direct for a free initial consult based on the facts of your specific situation.
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