If a magistrate orders you to pay a specific amount by a certain date, and you submit paperwork showing that your wife is protected under Massachusetts income protection laws and that you are indigent, it's possible that the magistrate may reconsider the order. Magistrates often have the...View More
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....
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.
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
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
My sister passed away. She has no spouse or children. She purchased (through Financing) a car weeks before her death. If repossessed, can the finance company go after any monies due to non-immediate family (niece / nephew) beneficiaries of an insurance or annuity policy?
I loaned her a loan for 40.000 dollars. To be paid back in 35 days. She has completely ignored all contact with me and is refusing to discuss the matter. She is in the process of selling the home she shares with her husband. Through a divorce that is in process. We want to be able to get something... View More
You should contact a lawyer as soon as possible to proceed with collection. If the only asset the debtor has is the house you may want to consider seeking an attachment on the property before it is sold so that the debtor will have to pay you from the sale proceeds.
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
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.
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?
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
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
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.
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
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
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
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
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
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
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
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