Legal Question in Credit and Debt Law in Massachusetts

I'm being sued in Massachusetts by Lustig,Glaser & Wilson, for old credit card dept of $4000. I answered the summons and have a court date in Oct. I would like to know what to expect in court. I have been out of work for a long time due to my health, so I can't afford to pay them. Will they take $25 or $30 a month?

A few years ago I received a judgement against me over a different credit card dept and they attached my house. Now I go into court every 12 months and tell them I'm still not working. They have never pushed hard for payments. Could this be an out come in Oct? I don't have any bank accounts, just my home and a 10 year old vehicle.

Thank You for any help you may have,

Shawn.


Asked on 7/22/15, 7:27 pm

1 Answer from Attorneys
Jed Berliner L J Berliner

You can expect a similar outcome with the new law suit as with the old one.

I am guessing that the plaintiff is a stranger to you who says that it bought your debt from the original credit card issuer. You do not have to agree to this. You can agree to owing some unknown money to the original creditor but ask the court to make the plaintiff prove that it bought the debt. Likely, the buyer will have a bill of sale. The bill of sale is an exhibit to a Master Purchase Agreement, sometimes called a Forward Flow Agreement. Ask the court to force the plaintiff to produce that, plus the original agreement you signed.

That Master Purchase Agreement or Forward Flow Agreement will say that the seller does not promise that the information being transmitted about your account is accurate. This means that there is no reliable proof of the amount of debt, and you surely cannot know if interest or late fees were accurately calculated.

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Answered on 7/23/15, 5:57 am


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