Legal Question in Wills and Trusts in Massachusetts
I need some guidance on how to respond to a summons for an attachment of my home. I have a $10,000.00 credit card and a $1,500.00 over draft account also. These 2 bills are paid every month but they fell behind a few months ago and I brought them current within a few weeks. My income changed when my husband passed away Nov. 2009 and my son on Apr. 2010. Our income at the time was 3,000.00 monthly and now it's only 1,500.00. How can I prevent this attachment from being made against me. I do not have the money for an attorney. Any assistance would be greatly appreciated. Thank You.
2 Answers from Attorneys
First if you have not done so, file a homestead on your home immediately. Second, if the credit card and overdraft is yours and you brought them current, I would call the lender's involved.
You should contact Boston legal services for help as well or call the Mass Bar Association for advice on who might be able to assist you with these problems.
It will be the plaintiff's burden to convince a court to allow the attachment of your home. You will find the rules and requirements for an attachment at the Massachusetts Rules of Civil Procedure 4.1 (try googling it). You really need an attorney to help you resolve this, but best of luck. Feel free to contact our office at 617-357-4898.
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