Legal Question in Civil Litigation in Massachusetts

judge ording.

is a judge able to force employment on a person to pay a debt.


Asked on 8/13/08, 3:25 am

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: judge ording.

A judge can make appropriate orders that a debtor seek work, at least in some matters. A judge can also order a debtor jailed on contempt. Some of these debts are very hard to get paid, though.

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Answered on 8/13/08, 10:01 am
Thomas Abdow Abdow Law

Re: judge ording.

What kind of debt? Is there a prior order requiring payment, of, for example, child support or alimony? Or is this a general debt like a credit card? What stage is the case at? Post judgment, contempt hearing? Are you the person being ordered? You give so little detail, your question becomes nebulous to attempt to answer in the vacuum of information. Generally, judges have almost limitless power to order remedies, and if a person allows themself to get into a position where a judge feels it necessary to order work or some alternative, isn't that a wake-up call? Have you thought of appealing the decision if you have good grounds? What does your attorney (if you have one)say? How about filing for bankruptcy protection in the U.S. Bankruptcy Court? This usually stops most actions automatically. You should consider seeking counsel with a Bankruptcy Attorney, many are available today for just such problems. However, you may want to be sure to give the attorney all information about the kind of debt and stage of proceedings...if you are not fighting a presumably losing battle to try to avoid paying, for example, child support, or even alimony and this is not a domestic relations case, then bankruptcy may help. There are even times when bankruptcy can help in unusual circumstances, and times it does not. If you (defendant) were given, as part of a settlement or plea agreement, the option of paying the debt or going to jail; what would you choose? If you are the defendant, or person being ordered to work "or else", you need to contact an attorney immediately if you do not already have one. You should give the attorney you contact complete, and I mean complete history and information so that if there is anything they believe they can do for you, they will be at least able to give you some kind of meaningful response or help. You also need to figure out how to pay for an attorney, who would likely require payment in advance. If you plan an appeal, remember that time periods in which an appeal can be filed are usually very, very short in most cases, often 30 days from date of entry of a judgment or sometimes shorter than that. At the least a NOTICE OF APPEAL is required to be filed in the trial court clerk's office, followed by "perfection" of the appeal, which I will not get into. There are also some orders which are not readily appealed. It is best for you to seek legal counsel immediately. Best of luck to you.

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Answered on 8/13/08, 11:41 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: judge ording.

The short answer is yes.

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Answered on 8/13/08, 2:42 pm


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