How long can a collections agency allowed to collect debt from me? 2 Answers as of August 16, 2011

Back in 2004, My mom paid for a class for me at a local community college. It was NOT a student loan. I want to make that clear. My mom wrote a CHECK as we were paying out of pocket for school. The check bounced and $333 was posted to my student account as unpaid. The debt was since transferred to a collection agency that calls themselves a law firm. How long are they legally allowed to try to collect that debt? Is it still valid since it's from 2004?

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The statute of limitations for a breach of contract in MA is 6 years. After this point the legal grounds for suing on a claim has passed. That being said, there are many factors involved in this topic so you need to be very careful. A creditor can pursue a claim past this time without suing with the hopes that you pay. Additionally, they can still sue you and it would be up to you to respond to the complaint on a defense that the S/l has passed. You should also be careful not to make any admissions, promises to pay or affirmations of the debt as these will be beneficial for the creditor in asserting their claim and defending the tolling of the statue of limitations.
Answer Applies to: Massachusetts
Replied: 8/16/2011
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