Legal Question in Credit and Debt Law in Massachusetts
Judgment against me in Credit Card What can they take
I have a judgment against me for a Credit Card and must appear before a court. I need to know what they can possible do to me. Can they take my car away etc?
2 Answers from Attorneys
Re: Judgment against me in Credit Card What can they take
They will probably require you to submit a budget showing whether you have the ability to pay the debt from your income. If you do, they might garnish your wages unless you agree to a payment plan. It is not likely that they could take your car unless it is an expensive car and you don't have a car loan. A car cannot be taken if its value above the amount due on a loan is $700 or less; this is called an "exemption". Good luck!
Re: Judgment against me in Credit Card What can they take
You are probably in what is called "Supplementary Process." This what a judgment creditor needs to do to collect on a judgment that has been unpaid. If you don't go, the court will issue a warrant for your arrest, which will be delivered to you by a deputy sheriff or constable, and you will have to pay his fee as well.
If you are having financial problems and have other debts you cannot pay, including electric bills, telephone bills, gas or oil, etc., you may want to consider filing bankruptcy, which will stop any collection actions and any interest from accruing on unsecured accounts (credit cards, personal loans, etc.), including this judgment.
If your car is worth more than it would cost to sell it and pay off any loan against it, it is possible the judgment creditor could get the judge to allow them to attach and sell it, but they probably would have done that already.
If you want to consider bankruptcy, the rules will change on October 17, making it more difficult to file chapter 7 (true bankruptcy) if you earn more than a cerain amount monthly, so you should act quickly. My fee is $750 plus the $209 filing fee.
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