Legal Question in Credit and Debt Law in Massachusetts
I have an execution on money judgement against me in a Massachusetts court and need some help. I have paid most of the balance but my situation has changed, divorce, and I can no longer meet the demands of the former landlord. They are unresponsive to my attempts to make a payment plan within my means and are threating collection with a constable. I send the letters certified, so I know they are getting them, but no response to my payment paln, just demands for the balance, about $2,000. Is there anything I can do to stop any possible actions by a constable/
1 Answer from Attorneys
The constable can seize property that is not exempt, like cars without loans against them, or in some instances levy on real estate. A constable can also bring you to court in an action called a Supplementary Process, but you are always first given a chance to come to court on your own. Going to court on a Supplementary Process may be a blessing in disguise -- a judge will hear from you regarding your circumstances and make a finding of "no ability to pay" or order a low monthly payment. The creditor will be stuck with whatever the judge says.
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