Legal Question in Credit and Debt Law in Massachusetts
I am being taken to court by a debt collection company. The case is a Motion to Assess Damages. I am sending them small payments each month. I am out of work, injured and living on Social Security. I am very stressed by this. I will increase the payments when and if I can return to the work force. Do I have to attend the court hearing?
1 Answer from Attorneys
The hearing is where the judge will add attorney fees to the debt and issue judgment. Because you wrote that a debt collection company brought suit and not the original creditor, I'd bet that you mean suit was brought by a debt buyer. 99% of the time they cannot prove the debt but you need a lawyer to set aside the default and raise that defense.
STOP MAKING PAYMENTS. You cannot be forced to pay from your Social Security and the generous laws probably protect all your assets. I could sue them if you get harassed.
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