What is the process for collecting unpaid debts?
Collecting unpaid debts in Massachusetts is a process that involves several legal steps. The first step is for the creditor to send a demand letter to the debtor, requesting payment. This letter must be sent via certified mail, return receipt requested, within five days of the due date of the debt. The demand letter should include the amount of the debt and a deadline to pay it. If the debtor does not pay the debt within the deadline, the creditor can then file a complaint in court. The complaint will include details of the debt, such as the amount due, the date it was due, and how the debt arose. The creditor must then serve a copy of the complaint to the debtor and provide proof of service to the court. Once the complaint has been served, the debtor must respond to the complaint within 20 days. If the debtor fails to respond, the creditor can then request a default judgment from the court. This judgment is a court order for the debtor to pay the creditor the amount stated in the complaint. If the debtor does not pay the debt after the judgment, the creditor can then request that the court authorize certain measures to collect the debt, such as wage garnishment or bank account liens. The court usually grants these requests, and the creditor can then proceed with collecting the debt.
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