Legal Question in Civil Litigation in Massachusetts
unsecaure debt taking to small claims
my is being taking to small claims court, she is not working due to a cancer. we have 5 kids and barely making it from check to ckeck. thye are talking about putting a lien against our house. they will not come to a reasonable settlement becase they say they will get what they want in court. what actions can we take?
2 Answers from Attorneys
Re: unsecaure debt taking to small claims
Small claims limit in Massachusetts is $2,000. Are they serious about a lien on a home for a debt of that size? In any event, if the debt is questionable, you may be able to fight it in court. If the debt is legitimate, your options are to negotiate a deal, arrange a payment plan, do nothing at all, or file bankruptcy (this is the nuclear option). Feel free to contact my office if you have additional questions.
Best regards,
Re: unsecaure debt taking to small claims
You can file bankruptcy, it will stop their lawsuit against you and prevent them from putting a lien on your house. I recomend you consider filing chapter 7, because it eliminates almost all of your debt. When you file bankrupcty you file a "Suggestion of Bankruptcy" and it stops the law suit from proceeding any further.
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