Many people find themselves facing debt. Inflation has risen faster than wages, leading many to face financial hardships. Receiving notices from agencies is intimidating and adds stress to an already overwhelming situation. The first thing anyone facing collections should do is learn about their rights. For individuals in Massachusetts, contacting a law firm will help you become informed and put your mind at ease.
What Are The Collection Laws In Massachusetts?
Massachusetts has specific laws to protect people from unfair and predatory collection practices. One of the ways that the state enforces these fair practices is by licensing collectors. Requiring certification helps ensure that the collectors know all the regulations. Other regulations set a statute of limitations regarding the number of years that the debt can be reported and sought after. The typical restriction is six years, but this can be extended by more than double the time, depending on the specifics. The regulations also specify how the collectors can contact you and how frequently they can contact you.
These laws can also guide individuals who owe on how to set boundaries with collectors. There are restrictions on what the collectors can say, meaning that they can’t threaten individuals in an attempt to recover the money. Additionally, individuals can restrict where they receive calls and how they are communicated with. If an individual chooses to hire a lawyer, they can insist that all communication is done with the lawyer. Individuals can communicate these boundaries verbally or through written communication. However, there may be advantages to having the boundaries in writing.
How Do Massachusetts Laws Differ From Nationwide Laws?
While all states have laws protecting individuals who owe, the specifics of the rules vary. For example, not all states require collectors to be licensed. More than half of the states, including Massachusetts, have adopted licensing requirements to protect individuals who have fallen behind on payments. As previously mentioned, there are differences in the specific timelines for which collections are allowed and for communication of boundaries.
The state of Massachusetts does allow collectors to garnish wages to recover the money. This can benefit both parties because it will enable businesses to recover their losses, which helps them stay in business and supports the state’s economy. It also helps the individual who owes the debt because it allows them to spread the payment over time rather than trying to catch up on a large sum of money immediately. Moreover, the state protects the consumer by imposing a maximum wage garnishment of 15%.
Tips For Navigating The Massachusetts Legal Landscape
The first step you should take when facing financial or legal trouble is to consult a lawyer. You should consult a lawyer specializing in collections law for impending or present collections. You may know a perfectly competent lawyer, but if they don’t specialize in collections, they may not be able to offer all of the same advantages that a collections lawyer could provide.
This is because the law is so expansive that no lawyer can be an expert in each legal specialization. Moreover, a lawyer specializing in collections law will have extensive experience in sending cease letters, providing language for phone calls, and knowing any tricks collectors may try to pull to collect debt. It is also essential that the lawyer is in and familiar with Massachusetts law. This is because they will be familiar with the specific timelines in the state and because they will be familiar with the companies and collections agencies in the state.
Individuals facing financial troubles can also improve their understanding of the local regulations and reduce their anxiety by educating themselves. Thankfully, technology allows us to research and prove the sources of various topics, including laws and law firms, from anywhere. Perhaps the timelines are most important for consumers and lawyers to know. This is because regulations will buy consumers more time before their credit is impacted. However, if you are unaware of the deadlines and steps, they will likely be missed, and your credit will be negatively affected.
Best Practices When Facing Collections
The best thing to do, whether in Massachusetts or any other state, is to be informed. This means conducting research and consulting a lawyer as soon as possible. Then, communication on your terms will prevent the collections from escalating higher and faster than needed. The regulations often allow for extensions and arrangements, but only if there is communication. However, you will want to confirm your communication plan with your lawyer before enacting it because setting up a payment plan often means acknowledging that the charges are yours.
If there is any question or dispute about whether the charges are valid, contacting a lawyer will be all the more critical. Our attorneys at Massachusetts Debt Collection Attorneys deal with collections locally all the time. call us to discuss any concerns, stop the annoying calls, and get your life back on track.