Legal Question in Credit and Debt Law in Massachusetts
credit collectors
A law firm took me to court when i was not in town and won a judgment against me of approx $7800.00
I have no problem paying them
but they will not give me any information on how they came up with the figure and or any recepts of payments or interest charged they tell me they dont have to do that
Also I agreed to pay them and they are saying it must be $500 a month and if i dont pay that amount on time they will put me in jail
this is making me have sleepless nights and trying to come up with $500 a month is hard for me
What can I do about this is there any help
3 Answers from Attorneys
Re: credit collectors
How the amoutn was calculated will be in the Pleadings that were filed with the court. If you go to the courthouse, you can obtain a opy of these along with the Judgment. With respect to the amount of money to be paid each month, you cannot be threatened with JAIL... this is illegal to make that threat in an attempt to collect a debt. That being said, the court can order you to make payments in an amount determined by the court, and if you fail to make these payments, then the court can hold you in contempt (which could include jail until such time as you comply or posty bond).
If you challenege the validity of the debt, you can always elect to move to vacate the default judgment (be prepare to Show Good Cause as to why you could not be at court (ie. "I was in the hospital" not "I was out of town on vacation") or that you did not receive valid service of process and notice of the court date (eg. they sent it to an old address and you had moved).
Best of Luck
Re: default judgment???
I agree.
For this amount of money, it would be worthwhile to get copies of the documents filed in court to assess what happened, and if it happened correctly.
It is pathetic and shameful that the law firm refuses to provide you what you have asked, if nothing all, as a matter of courtesy.
Finally, the process of getting a judgment is a little lengthy. A complaint is filed, the complaint is served, a default is requested, a default is entered, a hearing on the damages is held and heard, a judgment is issued.
If you have any questions, or need assistance, contact me.
Re: credit collectors
The Clerk of Court is your best bet to figure out what happened with the judgment or how it breaks down. As far as jail, it seems that the collecting law firm may be in violation of a serious federal law called the Fair Debt Collection Practices Act. They can be fined and you can be awarded $1,000 plus lawyer fees for each inappropriate threat that they make.
Feel free to contact me if you have additional questions.
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