Legal Question in Credit and Debt Law in Massachusetts
In Massachusetts if a creditor gets a $15000.00 debt judgement against you can they seize property that is in me and my daughters name? We are both on the title to the Harley my name first and hers second as co owners. The judgement is only against me..and can they seize property without you being notified of the intent and the court ordering it?
1 Answer from Attorneys
No repossession is supposed to occur without some notice to you, but it is important that you keep track of court dates and stay on top of what is happening. People often seem to be surprised by repossessions because they have not kept in contact with the creditor. Under new Massachusetts law, you may have a $7500.00 exemption in the Harley if it is necessary for your personal transportation or to secure employment. It may be that the Harley is an extra vehicle, in which case it would be up to the court to decide if it is exempt or not.
Even if the Harley were seized, the creditor would have to give half the profits to your daughter after sale.
I hope this helps.
Dan
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