Legal Question in Credit and Debt Law in Massachusetts

Re: Supplementary Process

You should go down to the courthouse and ask the clerk to help you fill out a Motion to Vacate the default judgment.

You will have to fill out an affidavit and give the court your (good) reasons why the default judgment should be removed.

Once you have done that, you should contact an attorney, who can help you avoid default judgment against you and perhaps settle or dismiss the case in your favor.

Please do not hesitate to contact my office should you like to discuss this matter further.

Re: Supplementary Process

Usually, a payment hearing is ordered at which time the debtor is examined with respect to his/her ability to pay the judgment. This isn't an exact science and there is much discretion involved with respect to the court's decision. Generally speaking, the court will take into account the debtor's discretionary income and base its ruling upon that amount. For example, if a debtor's gross income is $20,000 per year and after all necessary expenses ( mortgage, rent, food, car, insurance etc), there is $100 per month left, the court will most likely fashion its payment order upon that amount. There are various techniques which can be employed to make the payment order 'palatable'. Please feel free to contact me direct for a free initial consult based upon the facts of your specific situation.;))