Brockton, MA asked in Small Claims and Collections for Massachusetts

Q: I received a judgement from a lawsuit that a debt collector apparently did against me, but I never knew about it.

I recently received the judgement itself in their favor saying I never went to the court date, but I never knew about it. In addition to that, the address on the judgement I received is wrong as it is my sister’s house where I have not lived for over a year now. The debt collector is fully aware of my new address because I have also received a bill offering a payment plan in the mail for that same account dated since the apparent court date I “didn’t show up at”. I’ve also been receiving mail at my new address from them since I moved. I don’t know how I am supposed to move forward now because this judgement now says that I have a warrant and I’m really confused.

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Collections Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Take the judgment to the court that issued the judgment. Go to the Civil Clerk's office. Explain the situation to them and tell them you want to make a motion to vacate the judgment for all the reasons you described. Likely they have a form for you to fill out. Write your explanation as set forth above. The clerk will schedule a hearing date for your motion. Appear at the court on the hearing date, wait for your name to be called, and explain to the judge.

Even if the judgment is vacated, the creditor will likely file suit again and if you owe the money, you will have to address responding to the lawsuit or making an offer of settlement. However, the above will give you leverage to make a payment plan (if you choose to do so) that fits your finances.

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