Legal Question in Credit and Debt Law in Massachusetts
Wage Assignment
Several years ago I cosigned a loan for a family member that he never paid . The bank repossesed the car and my brother continued to not pay this loan after going to court twice. He told me he would take care of it , never did . So they are going after me. Right now the loan amount is $4,000. They want me to start making payments of $100 a month until the loan is paid off in full. They said if I miss one payment they will do a wage assignment and take my whole paycheck except a $100 til it is paid off . Can they do that ?
2 Answers from Attorneys
Re: Wage Assignment
Yes and no. They will have to get a judgment against you first and then a wage assignment, and even then, they are subject to limits for garnishments and they get in line behind certain other wage deductions. If they already have a judgment against you (were you named as a defendant when they sued your brother?) then they are closer to going forward.
Re: Wage Assignment
Pursuant to Massachusetts General Laws, Chapter 246, Section 32, a defendant's wages can be attached, as long as the attachment is subsequent to judgment. Also, pursuant to Massachusetts General Laws, Chapter 246, Section 28, an amount not exceeding $125 shall be exempt from attachment. Lastly, the judgment debtor is entitled to a Federal exemption. Obviously, the debtor has the choice of using the exemption most beneficial to he/she.
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