Legal Question in Credit and Debt Law in Massachusetts

I am being harassessed by a supposed debt collection firm - Clear Receivable Systems. They are calling 10-12 times per day including at work for a debt that was settled over 5 years ago.

I have repeatedly requested that they provide me a written document with a basis for their claim and they have not. This started on 9/21/10 and to date they have provided no documentation substantiating their claim which I know in fact to be false.

They have threatened to put a lien on my houuse and today threatened to contact my employer to garnish my wages.

What recourse do I have?


Asked on 10/26/10, 6:59 am

2 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

Yuo have a number of legal rights as a consumer in the Commonwealth of Massachusetts. To adequately protect these rights agaainst this debt collector ("DC"), you may/should:

1) Keep a log of all calls and other contacts by this DC;

2) Send this DC a certified letter return receipt requested demanding that ( Under the Fair Debt Collection Practices Act - FDCPA and the Fair Credit Reporting Act - FCRA) they:

a) Not contact your job, neighbors, friends or other third (3rd) parties;

b) Send you proof of your debt within 30 days of receipt of your letter;

c) Report no negative credit information to any credit reporting agency ("CRA");

d) Take no further collection acts (including "leining" or threatening to lein your house or any other property.) during the pendency of their response to your "request for debt validation".

You may wish to file a homestead on your home immediately, if you have not done so. Visit your county Registry of Deeds on line and get details on DIY homesteads. They are amazingly affordable and effective in theses types of matters.

Further, this Office handles these matters routinely and offers free consultations in meritorious consumer matters.

Good Luck.

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Answered on 10/31/10, 8:41 am
Dmitry Lev The Lev Law Firm

They may be in violation of several federal laws by threatening conduct that is not legally possible. Unless they have secured a judgment, they can neither lien the house nor garnish wages. Failure to respond to a request for debt validation is also a violation. You may be entitled to have the court order THEM to pay YOU damages on the basis of their violations. Contact this office for assistance.

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Answered on 11/01/10, 8:15 am


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