Legal Question in Credit and Debt Law in Massachusetts

I have a homestead but Norfolk Sheriff has served as with a Levy for the amount of 836.00 for a unsecured credit card debt, can they sell my house for this debt? Also m husband went to Court last week after being served with a Capias warrant from the Sheriff, for this same debt the payment process was postponed until March does this mean the levy is postponed also????? I called the Sheriff's office and did not get a call back, so we are very confused and the levy gave him two weeks which is up on Monday. What do we need to do?


Asked on 11/30/10, 12:59 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

You really need to get a lawyer. The homestead declaration may protect you from having your home sold to satisfy a judgment debt. Depending upon a number of factors, the homestead declaration may not afford you any protected in this instance.

I would have to look at the paperwork, but your husband's capias warrant may be an entirely separate case from yours. The most important thing is that you do not miss a court date or hearing! If you would like representation or assistance in untangling this situation, please feel free to contact my office.

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Answered on 12/06/10, 8:23 am


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