Legal Question in Credit and Debt Law in Massachusetts

Concerning Credit Card Debt

I recently received a notice in the mail from a collection agency stating that the court had issued an order of contempt to have me brought in to court by sheriff.. It goes on to say: "that while we have not done so yet, we may act on this Capias.�

So, my interpretation of this is, that the court as issued the Capias and is leaving up to the collection agency has to inforce it on it or not depending on worther we can work out something.The collection agency ask me to contact them to work out payment plan..

Am I correct on this?

And it is my understanding that in several of the United States the use of this writ, as well as of the capias ad respondendum, has been �prohibited� in all actions instituted for the recovery of money due upon any contract, express or implied..


Asked on 4/05/12, 3:47 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Your statement in Paragraph Two above is correct.

Your statement in your last paragraph is not correct. They are not threatening to arrest you for your alleged failure to pay a "contract". You will be arrested because you have failed to comply with a direct court order that you pay judgment to the Plaintiff.

Get an attorney and negotiate a settlement and resolution of this matter. Judgments are good for 20 years, and ignoring this will not make it go away.

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Answered on 4/08/12, 5:40 am


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