a detailed affidavit providing 1.
specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....
file an affidavit... View More 
answered on Jan 26, 2023
I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.
Is supplementary process required before requesting wage or bank garnishment via trustee process? Will court allow me to skip the step of supplementary process and go straight to trustee process?
answered on Dec 27, 2022
I know of nothing requiring it. I have never had a judge deny a trustee process attachment because I had not pursued supplementary process first. However, allowing a trustee process attachment is within the court's discretion.
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... View More
answered on Nov 2, 2022
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... View More
Or they'd put a lien. I paid the dues in time with confusion from city that once I find the evidence of payment during closing, I'd get reimbursed. I did find that evidence and provided it to them. Treasurer confirmed in email to refund the amount I had paid earlier. It's been almost... View More
answered on Mar 6, 2023
If you have submitted al the materials necessary to show you paid, the refund should be forthcoming. Are you otherwise current on your real property taxes? If not, that may be the hold up. Otherwise, keep after them.
how do I ask the court to grant the motion? there is a binding arbitration clause in the contract and I filed a motion to compel arbitration and dismiss the case.
answered on Feb 23, 2023
You have to set your motion for hearing. Your judge may have a website with procedures, or you can call the clerk's office for help.
I have a civil judgment in Massachusetts. I want to collect on the judgment by a wage or bank account garnishment, I understand I need to do a trustee process. Does that mean I have to file a second complaint (complaint on judgment) and pay court costs service of process fees again?
Do I... View More
answered on Dec 27, 2022
Your can seek a bank account trustee process based on your current judgment. In order to trustee process wages, you have to institute a suit on the judgment.
The rmv website says no lien holder and on my title it only says my name and information nothing about a lien holder could there still be a lien holder on my vehicle?
answered on Jan 28, 2022
If this is a passenger vehicle, according to Massachusetts law, if there is no lienholder on the title, the secured party's interest, if any , has not been properly perfected and there is no lien on the vehicle.
After a break up I spent some time living with my Nana. Our agreement was I’d work in lieu of rent in her shop, but pay utilities in the house I occupied since it’s normally empty. The utilities were in her name. After events ranging from abusive, to manipulative, to straight out slanderous I... View More
answered on Nov 18, 2020
You appear to understand and agree that you owe the bill for March. However, if you do not know the amount to pay, you cannot pay it. Your Nana would have to show you knew the amount you had to pay, that she asked you for the money, and you refused to pay.
Hi, so I had a debt collector who called me seeking a payment. After negotiating back and forth I was going to make a payment on the account only to realize that would restart the loan. I did make a payment of $50 but had it reversed immediately and it doesn't show up in my banking account
answered on May 11, 2020
If the debt is otherwise time-barred, the creditor would have to file suit against you and allege that your reversed payment was agreeing to pay the debt. Based on what you say, you do not appear to have agreed to repay the debt.
Also, the creditor has to have informed you that the debt is... View More
Had no idea I had this against me, my husband use to take care of our finances and now he is deceased. A collection agency wants $7400 for a $2900 judgement. What can I do? Would like to clear this up but don't have $7000.
answered on Jan 29, 2020
If you want to respond aggressively, go into the court and file a motion to have the judgment vacated because did not receive notice of the case in 2007 (if that is true).
If you are willing and able to pay, tell the collection agency what you said above, that your husband handled your... View More
answered on Jan 13, 2020
If your objection is that the dismissal is without prejudice I do not think a judge will allow it. A dismissal with prejudice is an adjudication on the merits. Judges are reluctant to dismiss with prejudice when there has been no engagement on the issues of the case. (I assume the case has not... View More
I completed a foundation replacement on a property to stop the house from collapsing and the home owner is refusing to pay there final bill even tho the job passed all state inspections upon completion
answered on Jan 2, 2020
The Homestead Act itself does not. It may impact your ability to lien the house, however.
Good morning,
I was in a vehicle crash in July, 2019. I was not at fault so my damage was paid for by the person at fault. My insurance though sent me a check for damage as well, So i cashed it after they sent me a letter saying it does NOT have to be used for my vehicle. I am now receiving... View More
answered on Nov 5, 2019
It sounds like your insurance carrier, either in the course of its investigation or in an audit, discovered the double payment - both from themselves and from the other driver. Either on your own or through a Massachusetts attorney, you could ask the carrier if they would be willing to consider... View More
answered on Dec 14, 2018
If you have any defenses to the lawsuit, you must assert them in your case or the plaintiff will win by default. Some defenses include: Statute of Limitations has passed and therefore the debt in unenforceable; you don't owe the debt because it was incurred in someone else's name and you... View More
answered on Jul 30, 2018
Unless the debts sought to be collected are child support, federal taxes or student loan repayments you owe, the answer is no. The issue is for you to be proactive, since the court may give the creditor a bank account attachment or order you to make payments because they are unaware your income or... View More
The condo association charge late fees from the last year plus 4 months condo I owe and I'm in hardship and selling the house What should I do ? Please any advice is great appreciate!
answered on Apr 23, 2018
Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees... View More
answered on Apr 6, 2018
Usually a creditor can only collect what it is owed, so if the tax offset paid your debt in full, they should not be able to further offset any more refunds. The Department of Education has a good website that is easy to navigate and has a lot of information on questions like these:... View More
She was told she has to pay the balance. She has an annuity which is currently paying for the assisted living facility in Beverly. We believe when she runs out of money the assisted living will then go through medicaid for her monthly bills. Should we pay the rehab bill ($11K), try to negotiate... View More
answered on Apr 5, 2018
Are you power of attorney for mother? Is mother competent at this point? If you are power of attorney for her you can try to negotiate with the rehab or you can set up a payment plan. Heep your records for the MassHealth Medicaid application.
They have not made any payments, what can I do, they live in Boston. The note says that the house that they purchased from me is security for the loan. I am 72 and need the money to live on.
answered on Feb 16, 2018
If the note you hold is also secured by a properly recorded mortgage, then you can foreclose. If there is no mortgage then the only recourse would be to sue them for default of the loan. You should hire an attorney either way.
In summons for breach of contract, Plaintiff included a 95% illegible copy of the original agreement. Over 10 months I requested a better copy or to see the original. 3 times Plaintiff sent new reproduction but still illegible & said they were unsure if the original exists. I have 2 contracts... View More
answered on Sep 5, 2017
You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from... View More
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