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Massachusetts Debt Collection Requirements

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Does anyone have first-hand experience with MA DV requests? I've tried searching this forum but can't come up with concrete discussion. MA debt validation requirements are stricter than the federal one. Under FDCPA they can send any old printout for DV request and be satisfied with it.

 

What are they REQUIRED to send under MA debt validation? And what can be done if that is not satisfied?

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While MA does require more documentation for verifying a disputed debt it is not stricter that FDCPA if the creditor does not comply.  They are only required to cease collection efforts until the do comply just like the FDCPA.

 

Specifically, 940 CMR 7.08 requires that during or within 5 days of its initial communication with a Massachusetts debtor in connection with the collection of a consumer debt that has become more than 30 days past due (unless a different period is agreed to by the debtor), the creditor (defined to mean any person or entity and their agents, servants, employees or attorneys, or a buyer of a delinquent debt who hires a third party or an attorney to collect it) must provide the debtor with (a) the amount of the debt; (B) the name of the creditor to whom the debt is owed; © a statement that unless the debtor, within 30 days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the creditor; and (d) a statement that if the debtor notifies the creditor in writing within 30 days after receipt of this notice that the debt, or any portion thereof is disputed, the creditor will obtain verification of the debt and provide the debtor, or an attorney for the debtor, additional materials.

If the debtor or the debtor’s attorney notifies the creditor in writing within the 30-day period that the debt is disputed, the creditor must cease collection of the debt until the creditor verifies the debt and provides the debtor or any attorney for the debtor with copies of: (a) all documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; (B) a ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; © the name and address of the original creditor, if different from the collecting creditor; and (d) a copy of any judgment against the debtor. If the creditor does not possess, have custody of, or control these materials, the creditor must cease collection of the debt until the creditor has made reasonable efforts to obtain them and provide them to the debtor.

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Thanks, clydesmom, for fast response! I'm curious how is "more documentation" done in practice? Can they send the same info as to other state residents? Or they need to have extra stuff? And if so, what?

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Thanks, clydesmom, for fast response! I'm curious how is "more documentation" done in practice? Can they send the same info as to other state residents? Or they need to have extra stuff? And if so, what?

 

The answer is in the second paragraph above:

 

If the debtor or the debtor’s attorney notifies the creditor in writing within the 30-day period that the debt is disputed, the creditor must cease collection of the debt until the creditor verifies the debt and provides the debtor or any attorney for the debtor with copies of: (a) all documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; ( B) a ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; © the name and address of the original creditor, if different from the collecting creditor; and (d) a copy of any judgment against the debtor. 

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