Legal Question in Real Estate Law in Massachusetts

writ of execution

I have a credit card bill that my ex husband and I are fighting over who is responsible to pay. I was making payments on it but then because of a back disability funds were tough and was unable to pay anymore on it. I told my ex he would have to pay he refuses. I received an execution notice in the mail that looks like the sheriff and capital one are taking my house. I do not know what to do. Things are actually better now and I can start paying the bill again. I was trying to get ahold of the lawyers office to discuss this but they didn;t respond. Can a credit card company ( the bill is with a lawyers office) take your house if a judgement is found against you? Or is this a lien on my property. It says something about seizing my proerty and taking hold of my land. I a confused and scared. If they are taking my house and I can come up with the money asap will this stop it?


Asked on 2/02/08, 9:30 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: writ of execution

You should go speak with an attorney right away. Without knowing the details of your debt, I can only offering the following general comments:

1. These credit card companies and the debt collection agencies purposefully try to confuse and intimidate you. Often their notices and letters appear to be official court or state documents, even when they are not!

2. They cannot take your house or property without court action. Did the credit card company win a default judgment against you in a court?

3. The best advice is DO NOT IGNORE these things. There are often steps you can take to contest or reduce the debt. Do not ignore notices and court dates, because you can substantially worsen your situation.

If you can, speak with an attorney near you.

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Answered on 2/03/08, 8:10 am


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