Legal Question in Credit and Debt Law in Massachusetts
credit card lien
I received a summons for credit card debt. i have to file an answer to the complaint in 20 days. the attorney filing called and said we can set up a payment plan, they will file a judgement with the court, place a lien on my house until it is paid in full. My house is homestead, and I live in mass. Can they do this? What should I do?
3 Answers from Attorneys
Re: credit card lien
Certainly a payment plan can be mutually agreed upon by the parties pursuant to a stipulated ( or "agreed upon") judgment. I would enlist the assistance of a licensed attorney in your jurisdiction who is skilled at negotiating settlement agreements of this nature. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;))
Re: credit card lien
I would not give the plaintiff a dime until the case has been reviewed by an attorney. At a minimum, you should file an answer and demand discovery to verify that the debt is even collectible.
At that point, you are in a much better position to bargain a settlement with the plaintiff, even an amount less than what you owe. Whatever you do, don't just give them a judgment against you for the whole amount. A judgment will further damage your credit, accrue compound judgment interest at 12%, and they will subtract the costs of collection from each payment.
A homestead declaration will not prevent an attachment/judgment lien of your home, it will only prevent the forced sale of your home to satisfy the judgment lien.
I assist clients with consumer debt collection cases. Please feel free to contact my office should you have any further questions.
Re: credit card lien
Retain an attorney to defend you to determine if they are entitled to a judgment and whether a settlement can be negotiated to avoid it. Good Luck!