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statute clock

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vbmdb

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i live in massachusetts. what is the statute clock time? When is a debt "dead", is it after the last payment made?
 


C

Cassy

Guest
Massachusetts Statute of Limitations

Different types of debt have different Statutes of Limitations. The statute of limitations (SOL) for a delinquent debt is the time limit for the creditor to file a lawsuit. This period starts when the debtor becomes delinquent. The fact that the SOL has expired will not necessarily prevent a lawsuit from being filed but you can have the suit dismissed on this basis.

The Statute Of Limitations only covers lawsuits. The creditor or collection agency may theoretically continue with letters and telephone calls forever, although third-party collectors are subject to the "cease and desist" provision of the Fair Debt Collection Practices Act, which your can read in entirety at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm Out-Of-Statute debts can still be reported to credit bureaus for the time limits specified in the Fair Credit Reporting Act, which can be read at http://www.ftc.gov/os/statutes/fcra.htm.

Credit cards are generally considered Open Accounts. Auto loans and other installment agreements are Written Contracts.

Massachusetts is 6 years for Oral Agreements, Written Contracts, Promissory Notes and Open Accounts. If there has already been a lawsuit resulting in a judgement, that judgement has a separate Statute Of Limitations,which in Massachusetts is 20 years with a maximum interest rate of 10%.

I am not an attorney and this information may not be current. You may want to call the clerk's office of your local bankruptcy court to verify the time limits I mentioned here. Just ask for the statue of limitations on debt and judgements.
 

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