Legal Question in Credit and Debt Law in Massachusetts

Motion to Attach Real Estate for Credit Card Debt

Hello, I need guidance on how to respond to a Summons that includes a Motion to attach Real Estate, Complaint. According to the documents I received, these Attorneys are claiming that they tried to contact me prior to this Summons. I don't even know the Creditor that they are listing. It is the name of a credit card company that I may have had an account with in the late 1990's. How do I respond: In writting, and if so how? Do I go to the court, and if so what do I bring with me? Your assistance is greatly appreciated. Thank You.


Asked on 7/13/04, 9:57 am

2 Answers from Attorneys
David Baker Law Office of David Baker

Re: Motion to Attach Real Estate for Credit Card Debt

You need to get a lawyer, fast! This is not something that you can handle on your own. A real estate attachment means that the creditor wants to be sure that it will be paid. You can get rid of attachments after the fact, but once it goes on record, it is difficult. If you really insist on doing this yourself, go to the court on the date given in the papers and tell the judge your story. Keep in mind that the creditor may be different from the original creditor because creditors often transfer or sell debts to other creditors. Good luck.

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Answered on 7/13/04, 1:13 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Motion to Attach Real Estate for Credit Card Debt

RETAIN AN ATTORNEY IMMEDIATELY TO FILE AN ANSWER TO THE COMPLAINT AND AN OPPoSITION TO THE MOTION TO ATTACH. PROVIDE THE ATTORNEY WITH AS MUCH INFO AS YOU CAN REGARDING THE CREDIT CARD DEBT SO THEY CAN RESPOND approropriately. Good Luck!

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Answered on 7/13/04, 5:31 pm


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