Legal Question in Credit and Debt Law in Massachusetts

If a creditor of an unsecured loan seeks and is granted a judgement against me for $15000.00 can they seize my property? If so can they seize a motorcycle that is paid in full but in my name and my daughters name as co owners. The judgement is against just me but we are co owners of a fully paid for Harley. I want to make sure since it is titled in both of our names it can't be seized. Also does the court or creditor have to notify me if they are seeking to seize property instead of working out a payment arrangement?


Asked on 4/22/11, 11:37 am

1 Answer from Attorneys

Thomas Beauvais Thomas Beauvais, Attorney at Law

Typically in Massachusetts, if a creditor gets a judgment, they'll start a proceeding called supplementary process. It'll usually start roughly 6 months to a year after the judgment is entered. It's basically a court hearing to determine a debtor's ability to pay. At this hearing, you usually have an opportunity to work out a payment plan. The creditor does, however, have a right to attach certain assets, including vehicles. There are exemptions. I mention a few of them on my website: http://www.beauvaislegal.com/blog/2011/5/3/new-collection-exemptions.html. There, you can also find a link to a full list of all the exempt assets. You can always try to work something out with the creditor to avoid having the motorcycle seized. They want to get paid, and selling property at auction doesn't always lead to big payouts for them.

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Answered on 6/09/11, 6:03 am


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