Legal Question in Credit and Debt Law in Massachusetts

: Judgement lien

yes. This is called an ex-parte attachment. You have a right to contest the lien, with proper grounds.

If you need help, contact me.

Re: Judgement lien

Frankly, anyone can place a judgment lien on anyones property simply by filing the lien with the regsitry of deeds. The issue is whether the creditor has followed the appropriate legal and statutory requirements for such lien to be lawful. The most basic requirement is that of proper notice and an opportunity to be heard, although the law provides for a very limited exception to this requirement. Insofar as the Massachusetts Homestead Act is concerned, the act has several different exceptions which may or may not be applicable depending upon your specific circumstances ( eg.. governmental taxes, voluntary mortgages, certain types of judgments and debts contracted for prior to the acquisition of the homestead. Please feel free to contact my office direct for a free initial consult based upon the facts of your specific situation.

Re: Judgement lien

The homestead act will not prohit placement of the lien only it's enforcement for the first $500,000.

It sounds like the creditor either filed a notice of contract (a type of mechanics lien) or got an ex parted attachment or made dubious service upon you via a former address. In either case you should retain an attorney to file the appropriate motion to vacate whatever service they claim to have obtained. Good Luck.

Re: Judgement lien

The homestead act will not prohibit placement of the lien, only it's enforcement for the first $500,000.

It sounds like the creditor either filed a notice of contract (a type of mechanics lien) or got an ex parte attachment or made dubious service upon you via a former address. In either case you should retain an attorney to file the appropriate motion to vacate whatever service they claim to have obtained. Good Luck.

Re: Judgement lien

My understandingis that a homestead will not prevent a lien from being recorded against your home, but it will prevent the lien holder from forcing the sale of your home to satisfy the lien.

If you were never told about the lawsuit, you should attempt to have the judgment removed. If you simply avoided opening the mail of the creditor, that will not count.

But if you were never given any notice or notice was improper, you should request that the motion be vacated, and then properly deal with the underlying debt.

Please feel free to contact my office if you require further assistance.