If Allen Daniel Associates contacts you regarding an outstanding debt, Massachusetts law offers you protections against unfair, deceptive, and unreasonable debt collection practices.
Massachusetts debt collection regulations apply to original creditors and third party debt collectors, which represents a more comprehensive approach to regulating debt collection practices than what the Fair Debt Collection Practices Act (FDCPA) offers consumers.
Speaking with a Massachusetts consumer protection law attorney can help you file the proper paperwork to facilitate a claim against an Allen Daniel Associates. Debt collection regulations fall under the legal jurisdiction of the Massachusetts Division of Banks.
Here are a few restrictions placed on third party debt collectors in Massachusetts:
- Cannot call you at home more than two times for each debt within any seven-day period
- Cannot call you more than two times at any other place besides home within any 30-day period
- Cannot call you at work if you have sent a written request to forbid such contact
- Must identify the agency or law firm attempting to collect a debt
- Must call between 8 am and 9 pm
Massachusetts Debt Collection Statute of Limitations
Debt collectors in Massachusetts have six years to pursue the collection of outstanding debts for both oral and written contracts. The six-year period for the statute of limitations is higher than what many other states have set.
Massachusetts statute of limitations for debt collection begins on the due date of the original debt or the last date a consumer made payment. Debt collectors have the legal leeway to choose which date to use for the statute of limitations.
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Can Debt Collectors Add Fees?
Third party debt collectors purchase outstanding debts from original creditors for pennies on the dollar. However, the huge profit margin does not prevent unscrupulous debt collectors from adding additional fees and interest to original consumer debts.
Massachusetts law permits additional fees and interest charged by debt collectors, but only if the charges are clearly authorized by the original contract.
Wage Garnishment in Massachusetts
Although federal law places restrictions on wage garnishment, Massachusetts has enacted even tougher restrictions to prevent debt collectors from taking too much from consumer incomes. First, a debt collector must win a judgment in court that gives the legal green light to a wage garnishment.
Massachusetts permits debt collectors to garnish no more than 15% of gross wages, which is below the 25% many other states allow. State law compares the 15% gross wage number to the federal minimum wage times 50 and the lesser amount is what debt collectors can legally garnish. In most cases, the lower number will be 15% of gross wages.
Do Not Let Allen Daniel Associates Push You Around
The FDCPA and Massachusetts law protects consumers against unethical third party debt collectors. If Allen Daniel Associates has contacted you concerning an outstanding debt, you should speak with a Massachusetts attorney that understands federal and state consumer protection laws.
A licensed attorney can help you file a claim to receive monetary damages from debt collectors that violate the FDCPA and Massachusetts consumer protection statutes.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Allen Daniels Associates or any other third-party collection agency, you may not be entitled to any compensation.