Legal Question in Credit and Debt Law in Massachusetts

Re: Collection Agency / Court

Do not confuse "liability for the debt" and "ability to pay." If the debt itself is valid, you will probably lose the case and be ordered to pay the debt with court costs. Then there will likely be a hearing to determine your ability to pay. That's where you can show the judge your W2 and answer other questions about your income and assets, and the judge may put the case on hold for 6 months to see if your situation changes. A judgment is good for 20 years, and don't forget that a judgment gives the company the right to levy (cease) your car if it's worth over $700 and has no liens.

You say that a trial is already scheduled... is this in District Court? The reason I ask is because a lot of things usually happen in a District Court case between the time the case is filed and the trial, and it usually takes about a year to get there.

Of course, bankruptcy is the nuclear option that in most circumstances can stop the lawsuit and relieve you from ever having to pay the debt.

Feel free to contact my office for additional information.

Regards,

Dmitry Lev

www.boston-bankruptcy.com