Legal Question in Credit and Debt Law in Massachusetts

I have an outstanding bill of 450.00 for National Grid (Local utility Company). I was making payments but had to stop because of some hardship which set us back a bit. I started to receive letters and call. I just didn�t have the money at the time. I was sent one last letter for small claims court which was late so I missed the date. I called and tried to resume payments but the person I spoke with hung up on me and said if I didn�t have the whole amount there was nothing left to talk about. The letter said I would be arrested at home or work. Can they do this over such a small amount? I have been setting money aside since to pay it off. It�s a slow process. I have a 100.00 of the 450.00. I just don�t want to be arrested.


Asked on 8/30/10, 5:32 am

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

You wouldn't be arrested for not having the money, you may be arrested (civilly) for missing the Payment Review Date that's been scheduled by the court. It sounds like you missed more than one letter, because it appears that you missed the trial date, which allowed them to get a judgment against you, and that you missed the Payment Review Date, which allowed them to seek the civil arrest warrant (called capias). It is untrue that they can't take partial payments -- they can and they should. Go to Court, ask the CLerk to pull up the small claims file and get the phone number for the lawyer who represented National Grid. Then call that law office and offer a partial payment. Also ask them to cancel the capias arrest warrant. Good luck.

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Answered on 9/05/10, 7:38 am


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