What Is Considered Prohibited Activity (Under Regulations 940 C.M.R. 7 & 209 C.M.R. 18)
Collectors and creditors are prohibited from harassing in an effort to collect the debt. This includes:
- Disclosing debts to a third party including neighbors, employer, or a spouse or family member who is not responsible for the debt.
- Calling and talking to debtor at home more than twice in each seven day period per debt.
- Calling debtor at home before 8am or after 9pm, unless debtor informs the creditor or collector of different "normal waking hours."
- Calling and talking to debtor more than twice in a 30 day period at work per debt.
- Calling debtor at work after has been asked not to. They must honor a verbal request for ten (10) days and a written request for as long as you owe the debt. A verbal request must be confirmed in writing within seven (7) days to be valid for longer than ten days.
- Threatening to have debtor arrested, or threatening to garnish wages without telling debtor a court order is needed for them to do so.
- Threatening to take legal action when they do not intend to do so.
- Calling and leaving a message with another member of household with a frequency that would be considered harassing.
- Calling neighbors, unless it is for the sole purpose of determining debtors current place of residence.
- For a debt collector, continuing to contact debtor after debtor has asked in writing that the collector stop all collection contacts under Federal Law 15 USC 1692. In this circumstance, the collector may then only contact the debtor to advise that the collector will either cease further efforts, or to notify debtor that the collector or creditor intends to invoke a specified remedy ordinarily invoked by the debt collector or creditor.
Other Massachusetts Collections-Creditors Rights FAQs
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Q:
What Is A Third Party Debt Collector?
A: A separate company hired by the creditor to collect the debt. Both creditors and third party debt collectors must tell the debtor the name of their company and the … More -
Q:
Can A Collector Or Creditor Take Debtor To Court To Try To Collect A Debt?
A: If the debtor receives a summons to go to court, they must appear on the hearing date, or contact the court in advance to explain why they cannot appear. They may then … More -
Q:
What Happens At A Hearing?
A: At the hearing, the court will evaluate whether the debt appears to be valid, and the exact amount due. If the court determines that the debtor owes the debt, either … More -
Q:
Can The Court Order The Debtor To Pay?
A: The court is not permitted to order them to pay the debt with money from Social Security, welfare, unemployment, or workers compensation benefits. If they are found to … More
Collections-Creditors Rights Sub-categories
Federal Tax Lien
Attorneys In Your Area
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Nicholas Barrett & Associates
East Providence, RI
866-584-3968
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