Legal Question in Credit and Debt Law in Massachusetts
Ill try to be concise and short. My wife ran up a debt a long time ago in my name abt $6200 and never said anything I got a letter from a debt collector saying my client is American Express centurian Bank --I was suspicious and contated rhe Bank who said they did nit own the debt but the atty did meaning he bought it---we contacted him and he asked for $3600--1600 up front and 2 payments of $1000 ea a mo. I offered 2500 at $75 a mo and he responded with the NO BRAINER-MY CLIENT DOES NOT WANT SMALL MONTHLY PAYMENTS but he does not have a client but was looking for an easy score---what he did not know is I am 77 live on soc sec have no income, no property -we rent and there is nothing he can grsb -my car is a 11 year old clunker worth less than $700-- in MA which is exempt. Im aware of Judement proof in the court and am positive I will prevail -I am up on the legal stuff--actually every he would try to present in court is hearsay and invalid its cclassified a form of fraud-- heresthe point and the question I got a summons for Dec with norequest for a response so we called the court and they told ue to do nothing--a short time later I got attached to a legal looking document with the attorneys name on top and abunch of stuff abt fees interest costsa etc and a paper say the court han found me in default and there was a judgement against me fo $ 6500-- HERES THE POINT I NAD BEEN IN CONTACT WITH THE LEGALADVOCACY & RESEARCH CENTR IN BOSTON WHO SAID AND I QUOTE IF A CREDITOR TAKES YOU TO COURT FOR THE RIRST TIM THERE IS NO JUDGEMENT FOR THAT DEBT----MEANING YOU CANT BE JUDGED TILL YOU GO TO COURT--thats my question Did the lawyer fake this default stuff to intimindate me or is that the law in debt collection that not a judgement till you at least go to coyrt---Ihave no money so I would like a free answer---thanks so much She;don Young Foxboro MA
2 Answers from Attorneys
Sometimes unscrupulous creditors will send notice to an address where they know you do not live so they can obtain a default judgment. If there is a docket number on the judgment, you should call the Court, and then find out what happened. This sounds like it may be a violation of the Fair Debt Collection Practices Act (herein the "FDCPA"). If you want an introduction to an attorney who does this work, I can try and make such an introduction [email protected] If, in fact, you are able to establish a violation of the FDCPA you may be entitled to as much as $1000.00 per occurrence, plus legal fees. If your case is good enough, I would send you to a lawyer who would take the case on a contingency.
Of course I can't promise anything. Please write out your story again, without the overuse of capital letters, and including your telephone number, if you decide to contact me. This response is not legal advice. Emailing me will not create an attorney client relationship. Thank you.
Who ever told you that you can't be judged until you go to court (regardless of how many times) gave you inaccurate information. if you get a summons to go to court, NEVER - EVER - fail to go, for the precise reason that if you don't, the judge can enter a judgement against you.
That said, it sounds to me as if you would be an appropriate candidate for a bankruptcy case. You probably have other debts, too, and considering your circumstances, you would probably qualify for free assistance from a lawyer. Contact the Volunteer Lawyers Project in Boston; they can connect you with a competent bankruptcy lawyer who can get you the financial relief you need. In routine situations (like yours seems to be), a bankruptcy case can be quick and comprehensive, and get all your creditors off your back once and for all (so long as you don't incur any NEW debt!).
Good luck
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