Legal Question in Credit and Debt Law in Massachusetts
Collections on a car repossed 8 years ago
Hello,
I have recently been taken to court by a 3rd party debt collection lawyer's office. This debt was for my ex-wife's car (in my name), that was repossessed eight years ago. I did not have the money to pay for an attorney, and the judge granted in the lawyer's favour. My financial statement at the time was based upon my income, in addition to that of my finance's. Since the court date, my finance has lost her job, and we are in big trouble. Our house is in her name, and we've not made a mortgage payment in quite some time. We're facing foreclosure, I cannot afford child support for one of my children, and yet this court order states I have to pay 200.00 a month for this debt. We honestly don't know what to do. How can this debt come before my child support and our mortgage payment. What options do we have if we cannot afford an attorney? Is there a way for us to schedule a hearing in MA, to try and get this monthly payment reduced?
Thanks in Advance
3 Answers from Attorneys
Re: Collections on a car repossed 8 years ago
If you can afford to make monthly payments but lower than the $200.00, you should call the lawyer's office and explain your situation and make an agreement to lower the payments. If the lawyer will not agree to this, you can ask the judge to modify the order. Call or visit the clerk's office in the court where the matter is pending and the clerk will assist you with bringing this to the court's attention.
Re: Collections on a car repossed 8 years ago
You should probably speak with a bankruptcy attorney as soon as possible. At this point, it may provide you with "breathing room".
Re: Collections on a car repossed 8 years ago
There is a procedure a debtor can follow in Massachusetts for the purpose of modifying an installment payment order.;)