Legal Question in Credit and Debt Law in Massachusetts

Recieved a Capias in MA but moved to KY 8 months ago, what happens now?!

I had a credit card in 2003 and I had thought I fully paid the whole entire bill of after my mother passed away in 2004 with what I thought was the full payment to Capital One. They kept saying I didn't pay them and the bank I had at the time closed a couple years ago so I have no proof of the check I sent them. I just recieved a Capias from the Hampden County MA court, I moved to Kentucky in October 2007, I called the sheriff's office and gave them my new address and phone number. I don't know what will happen? Will they move the case down here to my county court(Perry County, KY)? I'm sure it's a small debt not over 700-1000 dollars but I am barely making ends meet as it is with a new baby on the way in August/September.

How will the court help me with payments?

I'm really scared right now.


Asked on 5/27/08, 2:49 pm

3 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Recieved a Capias in MA but moved to KY 8 months ago, what happens now?!

Consider retaining an attorney in Massachusetts to deal with this creditor.

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Answered on 5/27/08, 5:46 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Recieved a Capias in MA but moved to KY 8 months ago, what happens now?!

The creditor has the option of bringing an action in Kentucky to enforce the judgment obtained in Massachusetts. The capias cannot be enforced outside the limits of the Commonwealth of Massachusetts. My suggestion is to contact a Massachusetts attorney to assist in negotiating a payment schedule pursuant to Massachusetts law with respect to the judgment obtained against you.;)

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Answered on 6/12/08, 11:30 am
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Recieved a Capias in MA but moved to KY 8 months ago, what happens now?!

The creditor has the option of bringing an action in Kentucky to enforce the judgment obtained in Massachusetts. The capias cannot be enforced outside the limits of the Commonwealth of Massachusetts. My suggestion is to contact a Massachusetts attorney to assist in negotiating a payment schedule pursuant to Massachusetts law with respect to the judgment obtained against you.;)

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Answered on 6/12/08, 11:30 am


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