Legal Question in Credit and Debt Law in Massachusetts
Not properly notified!
I have just found out that 1 year ago a letter came to my former address stating I had to goto court for an old credit card debt. Nolonger living at that address I never signed for the certified letter and now I have been informed from another person that it was signed for and the person who did so forged my signature to get the letter from the postoffice. The court date is set for this week and I need to know what to do? is there a way I can use the fact its not my handwriting to get a later court date so I can have the time to prove my side of the case?
1 Answer from Attorneys
Re: Not properly notified!
Unfortunately, you don't tell us a critical fact: did you notify the card issuer that you changed your address and when? The second creitical fact you omit is, what court is it in and what is the hearing you have coming up? And finally, what defense to you have?
In most cases where there was no effective notice, and not due to the neglect of the defendant (you), a simple motion to remove the default and put the matter on for a pretrial conference and trial is all that is needed.
If you owe the money, and all you are going to do is increase the legal fees and costs you owe, it seems pointless to go through that.
If you qualify (if your income is less than the median family income in MA for a family of the sizr of yours), you should consider bankruptcy (chapter 7). If not, credit counselling may be helpful by reducing some interest rates.
I do bankruptcies, if you are interested, and I do debt collection defense. Let me know if I can help.
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