Legal Question in Credit and Debt Law in Massachusetts

I owe $7500 because my loans I owe to a public university went to collections. They will not accept $50 a month, I have offered. I am unemployed and no income. I have a 2003 gt mustang with a rebuilt title. I live in Massachusetts. Can they sue me and take my car? (only asset). Thanks.

Asked on 6/04/13, 9:00 pm

2 Answers from Attorneys

John Skinner, III CLASS, Consumer Law Advocacy and Skinner Rivard Law Offices
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It sounds like your Fair Debt Collection Rights may have been violated. Did you know that you may be entitled to $1,000 and have your attorney's fees paid by the collector if that is the case?

Please visit my website at www.StopCalls.Net to learn more about it and please let us know if we can help.

Can they sue you? Yes.

Can they take your car? Probably not, because you have whats known as a personal exemption in one automobile. [So you can get to work etc.] If the value of the car exceeds your personal exemption amount, they could possibly take the car, but only after due process.

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6/05/13, 6:45 am
Dmitry Lev The Lev Law Firm
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It depends on the type of loan you had, and whether the collections are being done by the university itself, a student loan company, a law firm, a collection agency, etc. Federal Student Loans have administrative collection powers where your tax returns could be offset or wages garnished (if one has wages) without a court order. Loans directly to a school or private loans must sue in court in order to get the power to garnish wages or to levy a car. The personal exemption in Massachusetts is $7500 for a car, so if your car is worth less, it cannot be taken. If the car is worse significantly more, then there might be a risk, but only after an action in court where you have the opportunity to be heard. Watch your mail carefully and don't miss any court dates.

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6/10/13, 7:26 pm

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