Legal Question in Credit and Debt Law in Massachusetts
Judgement
After a brief period of unemployment, I am trying to get back on my feet financially. A few credit card companies are threatening to file a judgement against me. What does that mean in Massachusetts? What assets do they take? The only asset I have is my car (which I need for my job).
Do they have the right to garnish wages? I am trying to
deal with a credit counseling company but the credit card companies state that they do not deal with credit counseling and the judgements will be filed. Thank you for your help!
1 Answer from Attorneys
Re: Judgement
In order to obtain a judgment against you, the creditors would need to file a court action and provide the court with proof that you owe them the money they claim you owe. You would be notified of the date/time of the trial. You would have an opportunity to show up on the trial date and offer your side of the dispute. If the court finds in favor of the creditor, a judgment is issued in the amount of what the court determines you owe. The creditor would then be able to garnish your wages, attach assets, or request the court order a re-payment plan. There is no such thing as filing a judgment. The creditor must file a case first and ask the court to issue a judgment in its favor. My experience is that the creditors will usually offer to reduce the balance owed if you make some payment on the debt. Bankrputcy would be your other option to deal with the debt if you are unable to pay or reach an agreement with the creditors.