Legal Question in Civil Litigation in Massachusetts

old credit card bill

I have an old sears credit card debt that was brought to court and did not show up, so I lost and now the bill is $3100 that they are trying to collect. I just got summonsed to court for collection. what if I do not show can they arrest me or garnish my wages? this card was about 10 years ago. What are my rights?


Asked on 2/19/08, 5:39 pm

1 Answer from Attorneys

Re: old credit card bill

By not going to court, you put yourself behind the eight ball so to speak... you did not deny that you owed this money and you did not assert any defense to the claim. You might be able to persuade the court to let you re-open the default judgment so that you can enter an answer and request a hearing, but you had best be prepared when you file that request.

As for collection. If you do not appear, the creditor can reqest a capias - a civil order to have you seized by a sheriff or constable and brought before the court; the court may require you to pay for the cost of your apprehension and transport. Contact the clerk's office for information on how to request a delay in the proceedings if the day listed creates a conflict. Failing to show for court will serously reduce any likelihood that the court will grant any request to remove the default and set the matter for trial.

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Answered on 2/19/08, 6:14 pm


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