Legal Question in Credit and Debt Law in Massachusetts

my husband has a judgment for $992 against him in small claims court. He has been ordered to pay in full by Nov 1. He cannot afford to pay in full. Will he be allowed to set up a payment plan. He is a handyman and his work is very sporadic. He has no money in savings and lives week to week depending on what jobs he gets. I was on medical leave for 10 weeks earlier this year and I am going to be out for another 10 weeks starting in October. We live on a very strict budget. We have gone thru our savings during my medical leave. My husband's yearly salary is $26K. I am the major contributor to our finances. The judgment is not against me. We have a mortgage, house taxes, business taxes, utilities, etc. He is not asking to walk away from the judgment, but he cannot come up with the money in one lump sum.


Asked on 9/05/13, 7:39 am

1 Answer from Attorneys
L Dean Pender L Dean Pender, Esq

The judgment should have included a date for a Payment Hearing. Even if you have missed it, it is possible there is a Payment Review scheduled. Contact the court clerk with your docket number and ask. You can usually bring proof of income to the payment hearings and ask for a payment plan to be approved by the court. Alternatively, creditors will usually be happy to willing a payment plan by agreement�if they do that, be careful that interest is either specifically waived or the interest terms are spelled out in a written payment agreement.

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Answered on 12/30/13, 9:14 am


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