Submitted by Anonymous on Thu, 01/14/2010 - 13:21
Posted in
The statute of limitations under the Fair Debt Collections Practices Act states that it must be commenced within one year. Massachusetts debt collection laws pretty much mirror the FDCPA but do not state a SOL, or I just cannot find it. I know that 93A violations are a 4 year statute and a violation of 209 CMR 18: is a per se violation of 93A. What would the statute fall under, under Massachusetts law?
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Editor's Response
This quote from an informational publication created by a former attorney general might be helpful:
There is no statute of limitations on billing for bad debts, but there are statutes of limitations for filing lawsuits and for reporting the debts to the credit reporting agencies. Although these do vary depending upon the type of debt, in general there is a six year statute of limitations for filing a lawsuit to collect upon a debt, and a seven year statute for reporting bad credit. It is rarely a good idea to decide not to pay a good debt if you are relying wholly on the statute of limitations, because there are more complicated issues involved, including when these may be tolled, or extended, or even when the statutory period has begun to run. But for your question, even if the statute of limitations has run, as long as a collector follows the debt collection rules and is not harassing you, they may continue to make reasonable collection efforts, short of going to court.
For more information or to post a question, visit our Massachusetts Consumer Protection Discussion Forum.
SOL on debt collection
I registered now....
I was referring to the time limit to file suit against a debt collector not a debt collector filing suit on a consumer. If a debt collector violates MA law they can be held liable but is there a time limit a consumer can sue them under MA law unlike the FDCPA where the time limit is 1 year.
I hope this clarifies things.
Editor's Response
Not sure what statute you want to proceed under. Massachusetts General Laws Chapter 93, Section 49 (regulation of debt collectors, etc.) states: "Failure to comply with the provisions of this section shall constitute an unfair or deceptive act or practice under the provisions of chapter ninety-three A." So, if you proceeded under this Section, the four year statute of limitations would be applicable. Hope that helps.
Thanks for your help. I found
Thanks for your help. I found the correct law for others too if they need it. It is under CH 260 section 5A.Limitations of actions
Section 5A. Actions arising on account of violations of any law intended for the protection of consumers, including but not limited to the following: chapter seventy-five C; chapter seventy-five D; section seven N of chapter ninety; sections twenty-one, twenty-one D, twenty-eight, forty-eight, forty-nine, sixty-nine, and seventy of chapter ninety-three; chapter ninety-three A; sections forty-six A to forty-six R, inclusive, and sections ninety-six to one hundred and fourteen B, inclusive, of chapter one hundred and forty; chapter one hundred and forty D; section one hundred and twenty-seven A of chapter one hundred and sixty-four; chapter one hundred and seventy-six D; sections fourteen, fifteen B, fifteen C, and eighteen of chapter one hundred and eighty-six; sections thirteen I, thirteen J, and thirteen K of chapter two hundred and fifty-five; chapter two hundred and fifty-five B; chapter two hundred and fifty-five C; and chapter two hundred and fifty-five D; whether for damages, penalties or other relief and brought by any person, including the attorney general shall be commenced only within four years next after the cause of action accrues.