Massachusetts consumers have the right to speak with a lawyer to fight unlawful debt collection tactics used by debt collectors. The Fair Debt Collection Practices Act (FDCPA) of 1977 makes it illegal for third party debt collectors to implement deceptive techniques in the collection of outstanding consumer debts.
Debt collectors are also not permitted to abuse consumers verbally or make threats of any kind. In Massachusetts, the Division of Banks defines the statute of limitations for debt collection and whether third party debt collectors can add fees and interest charges to consumer debts purchased from original creditors.
A licensed consumer protection lawyer in Massachusetts can help you file a claim against Carter Business Service for violating state and/or federal law.
The Massachusetts Stature of Limitation
Third party debt collectors have six years to collect delinquent consumer debts in the State of Massachusetts. Six years is just above the national average set by other states.
The Massachusetts Division of Banks defines the statute of limitations to begin on the date a consumer last made a payment on a credit account or the final due date of an original credit account before a creditor closed the account.
Third party debt collectors decide which date initiates the statute of limitations for consumer debt collection.
How Much Fees and Interest Can Debt Collectors Charge?
Original debt collectors sell consumer debts to third party debt collectors for a small percentage of what the original debt is worth. The original debt owed typically includes fees and interest charges.
Under Massachusetts consumer protection law, debt collectors are allowed to charge additional debt collection fees and interest. However, debt collectors must prove the language written into an original credit contract permits the charging of additional fees and interest.
An experienced Massachusetts consumer protection lawyer will determine if the language written into the original credit contract authorizes the collection of more fees.
Wage Garnishment in Massachusetts
Third party debt collectors must win legally sanctioned judgments in a Massachusetts court to pursue wage garnishments against consumers. Debt collectors can garnish wages up to 15% of consumer disposable income or an amount that is 50 times the federal minimum wage, whichever is the lower amount.
For most wage garnishment cases, 15% of disposable income represents the lower amount third party debt collectors are legally allowed to garnish.
Speak with a Licensed Consumer Protection Lawyer
Consumers contacted by Carter Business Service in regards to the collection of a delinquent debt should speak with a Massachusetts licensed lawyer.
A lawyer will ensure the agency has complied with the Massachusetts mandated statute of limitations for debt collection, as well as followed state wage garnishment statutes. You might have a case for filing a claim against Carter Business Service for violating the FDCPA or Massachusetts consumer protection laws.
*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 Carter Business Service or any other third-party collection agency, you may not be entitled to any compensation.