Legal Question in Consumer Law in Massachusetts
Summary Judgement Process
I recieved a summons to appear in court regarding a judgement for a debt from 1997. My research shows that it is to examine my ability to repay this debt. What am I expected to say or do at this proceeding and what should I say and or do?
2 Answers from Attorneys
Re: Summary Judgement Process
The notice you received probably referenced a "summary process" (rather than a "summary judgment process"). If so, it is likely a proceeding brought by the holder of the judgment, as you say.
The judgment holder likely has the right to immediate payment, including the right to obtain an attachment and sale of your assets to pay the judgment. Accordingly, the judgment holder has the right to examine you under oath about your assets and overall financial condition, so as to determine how to get paid.
Absent any intervening circumstances, such as a bankruptcy filing, the hearing will proceed as scheduled, and the court may consider a failure to attend as contempt. Under the law, your obligation will be to answer truthfully all questions put to you.
If the judgment holder determines that you lack the ability to pay, nothing will change: you will still owe the debt and the judgment holder will still have the right to payment and to reach any assets you later acquire until paid.
: Summary Judgement Process
You may be questioned about why you have not made any payments.
You will be either required to pay the entire amount, or fill out a financial form from which a payment order will be entered.