Legal Question in Bankruptcy in Massachusetts

financial

I live and work in Alaska. I have been slwly clearing my old debts. One of these that I had frankly long forgotten about caught up with me in the form of a phone call to my parents in Massachusetts(noted as my legal next of kin). The whole thing is a mess- they said that they were sending my a summons to appear in court and if I did not there would be a bench warrent out for my arrest. Coming back from where I am(closer to Russia than most of the US) within a couple of weeks was not poosible for someone on my budget. I finaaly talked them into a payment plan but do not see how I will be able to afford 500. a month for the next 8 months(I make about 18,000 a year)-but I feel trapped. Also, they gave out detailed financial information to my mother when she returned their call. I understand that she feels that it is her business but at 37 I feel my finances are personal. Do I have any way to A) Get my payments lowered without going to jail and/or B) stop them sharing information with my mother just because she knows my name and birth date and really wants to know? Thank you for your time.


Asked on 9/12/08, 2:47 pm

2 Answers from Attorneys
Dmitry Lev The Lev Law Firm

Re: financial

First, there are no debtors prisons in the United States. There may be a civil arrest warrant in certain circumstances where there is a court order for payment and that order has been disregarded. Those warrants can usually be worked out by going to court and explaining to the judge that you are not currently able to pay. One cannot be incarcerated for having a low income. Second, if they know that you are living in AK but are litigating in MA, they are violating the FDCPA (Fair Debt Collections and Practices Act) because they have to litigate in the district where you live. Third, Massachusetts may not even have jurisdiction over you at this point, which would invalidate their entire case, though someone would have to raise that issue on your behalf. Fourth, they are certainly not allowed to discuss details of your debts with your parents, unless your mom is calling them and telling them that you authorized her to discuss the account...

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Answered on 9/18/08, 10:39 am
David Baker Law Office of David Baker

Re: financial

A bankruptcy case would probably be the best way to get rid of the debt. You would have to file the case in Alaska, however, because that's where you live. You can find a bankruptcy lawyer on the website for the National Association of Consumer Bankruptcy Attorneys: http://www.nacba.org

One other thing. What this debt collector is doing is probably a violation of the Fair Debt Collection Practices Act. It is my recollection that that law prohibits contacting other people about your debts. Again, speak to a lawyer near you for help. A NACBA lawyer probably can help you.

Good luck!

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Answered on 9/12/08, 7:50 pm


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