Legal Question in Credit and Debt Law in Massachusetts

Re: debt collection in Mass

Debt collectors are becoming increasingly aggressive in this market. Often times, their claims are weak or even noncollectable. They try to scare people into paying their debts and often threaten things like attachment of property or wages, which may not be done except by a court.

Depending on the amount of the debt in question, it might be worth your time to speak to an attorney. Please feel free to give contact me to schedule a consultation.

Re: debt collection in Mass

Generally speaking, assuming you have defaulted on the credit card loan, the company can attach both your home and your wages. As a caveat, your home can be attached prior to judgment, which attachment becomes permanent subsequent to judgment. Your wages can only be garnished subsequent to judgment. There are, however, numerous standards, conditions and prerequisites (which are all articulated in Massachusetts Rules of Civil Procedure 4.1 & 4.2) which the creditor must follow in order to effectuate these attachments, and numerous protections which the debtor can avail himself/herself of. This is a complex and tricky area of the law. Please feel free to contact my office for a free initial consult based on the facts of your specific situation.