Legal Question in Credit and Debt Law in Massachusetts

legal right to seizure

What can a lawyer in Massachusetts hired on behalf of a credit agency legally do and not do to attain payment. Also, does he,or she have to be liscenced with the division of banks as a debt collector if he or she mainly works in the collection of debts on the behalf of others. One more part to this this is a civil case, the ammount is under $ 2000.00 can interest be added to the outstsanding balance, the debt is about five years old. I am writing this for a friend who, called the lawyer to work out a payment plan, who said they would take no less than $380.00 a month as payment,or a lump sum ammount,and that there was interest added on, and when she said she couldnt afford that much, could they work something out for less they said they deal with people like her all the time, that they could take her husbands car,or house for the payment then they hung up on her.. She has a sick daughter with cystic fibrosis, has a house morgage,and she herself has bi polar disorder, depression and,a few other disorders,and do'nt work. What are her rights in this,she is willing to pay her debt, but in a way that they can afford.


Asked on 2/26/08, 1:51 pm

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: legal right to seizure

A attorney who collects debts on behalf of others within the Commonwealth of Massachusetts does not need to be licensed with any state or federal agency, other than the Massachusetts Board of Bar Overseers, acting under the auspices of the Supreme Judicial Court of Massachusetts. If the debt was liquidated to judgment, the judgment accrues interest at a statutory rate of 12% per annum and interest can be added to the claim prior to judgment at a rate of 12% per annum (by statute) or a rate agreed upon between the parties. Your friend may have rights under the Fair Debt Collection Practices Act, in addition to various state rights and exemptions. Please feel free to contact my office for a free intitial consult based on the facts of your specific situation.

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Answered on 2/26/08, 7:32 pm


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