Legal Question in Credit and Debt Law in Massachusetts
I received a judgement letter telling me that I was sued in small claims court for a credit card bill not paid back in 2008. I never received the notice to appear. On the judgement letter, it says I have until the middle of this month to pay back the money (1300.00) which I do not have. And also at the bottom there is a box that says I must appear for a payment review (if not then a warrant will be issued) at the end of the month. Instead of fighting this, I just want to get it taken care of and pay it off. I am single living paycheck to paycheck paying the rent, utilities and also helping an elderly aunt when needed (money wise). Is it ok for me to make the payment arrangements with the attorney? I have been reading here about small claims and credit card bills etc and from what I'm gathering, it seems that the judge can garnish my wages until the amount is paid off??? Is that true? I am just barely making month to month and I do want to pay off the debt. If the lawyer says that it can't be arranged, will the judge take into consideration my other obligations (rent, bills, car ins, loan payment) before wiping my paycheck clean???
2 Answers from Attorneys
You should go to the payment review hearing and enter into an agreement with the help of the magistrate or judge. I wouldn't advise making an agreement with the creditor alone or out of court, because you do not want to be accused of missing your court date. If you do miss your court date, a civil arrest warrant can issue. The creditor does have the right to institute a new legal action to garnish your wages, but it does not sound like that is what is happening here.
Our office charges $100 for a consultation and case review, with no further obligation. You may want to bring your paperwork and a note pad and make sure you understand the process, your rights, and how to bring this to a successful conclusion. Best of luck.
I agree with Attorney Vaughn-Martel.
I'll add the inconsistency about having received the judgment letter from the court but not the original suit paper. You need to make sure that you are receiving all your mail, as both documents were mailed to the same address.
More: if the plaintiff is an unrecognized debt buyer and the judgment is less than a year old, you might be able to reopen and deny liability. Debt buyers can never proof the purchase of the debt or the original obligation.
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