Legal Question in Credit and Debt Law in Massachusetts

judgement for unpaid credit card

I have this collection agency who bought a credit card debit from the bank after the bank had written it off now they want the balance. We hav gone to court serveral times and I have gotten a continuence. Now in a few days I have to go to court again and they are threating to put a lein on my house. I live In Mass and have a homstead on my property. Can they put a lein on my home even though it has homestead protection?


Asked on 10/29/07, 1:55 pm

2 Answers from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: judgement for unpaid credit card

A creditor can place a lien on your property event though you have a declaration of homestead properly filed on your property ( see Massachusetts Rules of Civil Procedure 4.1 for the procedures which must be followed in placing the lien). Generally speaking, the creditor must afford you notice and an opportunity to contest the lien.

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Answered on 11/01/07, 11:49 pm

Re: judgement for unpaid credit card

Homesteads do not affect whether a lien can be placed on real estate. You may wish to consult an attorney regarding defenses available to you.

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Answered on 10/29/07, 2:12 pm


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