Legal Question in Credit and Debt Law in Massachusetts

my mom received a default judgment against her re credit card debt she never even knew she had to go to court...shes 76 and her sole income is ssi disability the only asset she has is an old car worth maybe 800.00 she lives in elderly housing should she file to remove judgement???? or just leave it alone...i called her bank and they said the collection agency cannot garnish her acount...its my understanding that the only thing that could happen is tat it goes on her credit report for 7 years...she lives in mass....thanks


Asked on 7/19/12, 4:00 pm

1 Answer from Attorneys
Thomas Beauvais Thomas Beauvais, Attorney at Law

From your description, you're mother is likely collection proof. However, judgments can be reported for 20 years instead of 7. It's possible the debt collection attorney will bring a supplemental process hearing. It's a collection hearing to determine a debtor's ability to pay. At this hearing, your mother should appear and demand the case be dismissed. Under the supplemental process law, elderly and disabled debtors must have their cases dismissed. Hope this helps.

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Answered on 7/19/12, 7:05 pm


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