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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111657
Experience:  Attorney experienced in commercial litigation.
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Pearl - I sent a MA 93A letter to a collection agency over a

Customer Question

HI Pearl - I sent a MA 93A letter to a collection agency over a year ago and did not get a response. I found out yesterday that they sold my second mortgage and have been reporting me to Equifax under their new name. I am done and want to take them to small claims court
JA: The Consumer Protection Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have tried they all want $10,000 retainers and I don't have that much money even though I have a solid case, I was lucky and a Justice League wrote me a 28 page 93A but they do not participate in lawsuits.
JA: Is there anything else the Consumer Protection Lawyer should be aware of?
Customer: No I was a legitimate victim of mortgage fraud. I pay my bills on time and all I ever wanted was for this company to explain how my payments were being calculated and it snowballed into a huge thing. It started with HFC after making 6 years of perfect payments my loan went down $1200. they sold my loan to Green tree who continuously violated the FDCPA and then they in turn sold it to DITECH which I was never told and now they are on my credit report again.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The statute of limitations for a claim under Chapter 93A is four years from the date on which the action accrued. See M.G.L. c. 93A; M.G.L. 260, §5A. So, if you sent them a letter a year ago and they did not take action, you can sue them in small claims if you want as long as your total claim including your treble damages is less than $7000.
Also, if your evidence shows violations of 93A, under the statute the legal fees are included as part of your judgment, so I am surprised that a MA consumer protection attorney would want the amount you say (you need to check specifically for a consumer protection attorney in your area of MA at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com), because as a MA attorney I know most consumer protection attorneys will want about $1500 up front for costs of filing suit and getting started and then they will take fees from the judgment when awarded.
However, if you cannot afford an attorney and legal aid will not assist, but your claim is more than $7000 allowed in small claims, I suggest you call the Boston Bar Association (if you are in the metro Boston area) or the MA Bar Association, since both of those have very good pro bono attorney programs who should be able to find someone in your area to assist you.