Legal Question in Credit and Debt Law in Massachusetts

credit card

Ok well here is the story, my mother had a credit card in 2001, I am guessing that she owed money on the card, last night the worcester county sheriffs dept came and repoed her truck. Now the credit card is from 2001 they are saying that they tried to take her to court, but wouldnt there be a warrent for her arrest if she didnt show up? And another thing the car is on a loan with a car company. I know that they can take anything that you own, but can they take something that you dont own in your name?


Asked on 8/21/08, 1:49 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: credit card

What must have happened is that either the agreement allowed for this, or more likely there was a collections complaint filed, and allegedly served. If the latter was true, then the court defaulted her for lack of response, and issued a capias for her arrest, and an order to seize the car.

I hope this answers your question, if not, contact me.

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Answered on 8/21/08, 2:11 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: credit card

Absent a valid court judgment, a credit card company cannot seize a debtor's motor vehicle within the Commonwealth of Massachusetts. However, a loan company ( the company that loaned the debtor money to purchase an asset) with a valid security interest ( an interest in an asset to secure payment of the money loaned) in a motor vehicle can repossess such vehicle in the event of default.

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Answered on 9/06/08, 12:12 am


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