Legal Question in Credit and Debt Law in Massachusetts

I had a repo in MA in 2007. The contract originated and was approved by a CA based finance company which has a statute of 4 years for legal action.I am now being taken to court for past due balance where I have lived for past seven years. MA has a six year breach of written contract statute. Which state's statute can be upheld?

Asked on 3/12/14, 1:06 pm

2 Answers from Attorneys

Mandy Spaulding The Law Office of Mandy L. Spaulding

It would depend on what your contract called for. However, most states, that I am aware, have a tolling statute - where, if you leave the state in which the contract is executed (or in which the contract is enforceable) then the statute of limitations is tolled while you're outside of that state. However, it may matter whether you've gone back in to that state, whether the action could have or should have been brought in the current jurisdiction sooner, etc.

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Answered on 3/12/14, 1:13 pm
Steven Striffler Steven R. Striffler Attorney At Law

It depends, need to read the contract. However, you most likely have counterclaims against the lender due to the repossession. Feel free to contact me 617-290-1573.

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Answered on 3/13/14, 9:09 am

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