Legal Question in Credit and Debt Law in Massachusetts

Good evening,

I just received a letter in the mail from my employer informing me that effective next week, my wages will be garnished in order to satisfy a judgement. Apparently a default judgement was entered on behalf of the plaintiff (Credit Card Company) but I had absolutely no idea about this lawsuit. Also, the original debt was with Providian Financial in 2000. The account was opened fraudulently and I disputed this directly with Providian. I thought the matter was settled and over as I have not heard anything about it and 17yrs. later I have a judgement entered against me. Can someone tell me how I can appeal this decision and or stop the wage garnishment until I can figure out how this happened?


Asked on 11/25/17, 2:03 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

You need a lawyer to help you with something like this. If the debt is really 17 years old, you have what is called a "statute of limitations" defense. You would also have a claim against the plaintiff for violation of the fair debt collection practices act. From a procedural viewpoint, you don't "appeal" when matters have progressed this far. You have to go to the original court and ask it to vacate the judgment. Seriously: get a lawyer to help you because in this situation, it is easy to make a mistake and make matters worse.

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Answered on 11/25/17, 3:08 pm


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