Legal Question in Credit and Debt Law in Massachusetts

If being sued in Small Claims

If I am being sued in small Claims and I except responsibility for the debt, but do not have the funds and would like to work out a payment arrangement. I live out of state and can not make the court date. What should I do?


Asked on 6/28/06, 10:19 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: If being sued in Small Claims

Contact the creditor or its representative, and negotiate payment arrangements, right away.

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Answered on 6/28/06, 10:23 am
John Postl Burkinshaw Law Offices, P.C.

Re: If being sued in Small Claims

You should do the following. First, contact the plaintiff and explain that you want to resolve this and propose a REALISTIC payment plan and agree to commit the plan to writing. The Plaintiff can either dismiss the small claims suit or ask the court to re-schedule a hearing for a later date so that if you do not make the payments, the plaintiff can go into court and get a judgment. If that does not work ask the plaintiff to agree to a mutually convenient court date. If the plaintiff is unwilling to do that, contact the court and explain you can't make the date and the plaintiff won't agree to a new date- ask the court to assign a new date. The court may ask for something in writing stating your reasons for wanting to change the date. The key here is communication. If you don't attend court, the plaintiff will get a judgment and it will be harder to make a deal.

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Answered on 6/28/06, 10:25 am


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