Legal Question in Credit and Debt Law in Massachusetts
motion to assess damages
i had a 2 year old car that i volatary repossion due to heart attack, out of work since, now on 100 % Social security disability, car repo in 2003, heart attack in 2002, do not have the money to pay anything, what can they do to me, family of 3, had to sell my original house, now into small house w/no equity in it, hearing is in 2 weeks, what options
1 Answer from Attorneys
Re: motion to assess damages
If I understand your question correctly, it sounds like the company is pursuing a deficiency judgment against you. Unless there are meritorious defenses to their claim, the judgment will probably enter against you. If, as you say, you have no assets and no ability to pay the judgment, the court will try to determine if you are able to make monthly or weekly payments toward the judgment. If the court finds that you have no ability to pay, the matter will be heard again after some period of time (usually 6 months) to see if any circumstances may have changed. Not much can happen during those 6 months if you have no assets and no income to garnish. Bankruptcy might be a way to discharge the judgment itself for good, but that is a more complicated matter.
Feel free to contact my office with further questions.
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