Legal Question in Credit and Debt Law in Massachusetts

Attachment of wages after a default entry

In April of this year I received a letter from the District court in Taunton that I was found in default. I called the court and explained that I never received the summons even though the sheriff claims to have server it on August of 2003. I was informed to write a letter to the court asking them to mark up the docket to allow me to offer my side of the case. They claim that they never received the letter. I then receive another letter from the attorney that he wants to garnish my wages for payment of the debt. I called the court again and was told to sent another letter again to the court and the attorney. This time it was sent certified and no one accepted the letter. I would like to know what recourse I have?

I know that I have paid this debt, but since it is over 3 years old can no longer find the proof. I am also trying to work with the original creditor to determine whether or not this debt is even mind. My second question is can I offer new proof at this point?


Asked on 10/04/04, 9:52 am

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Attachment of wages after a default entry

Bring all documentation in your possession along with a copy of the Court docket sheet which you can get at the Clerk's Office to an attorney immediately who can then file a motion to vacate the default judgment which must be filed not later than one year after the default, supported by an affidavit as to the reasons for your not timely answering and factual proof that you have a meritorious defense to the action. Good Luck.

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Answered on 10/04/04, 10:22 am


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