she gave the confession to the court..now it s been one year I didn't get a solution to my issue ..do I have to address an other court? I have all evidence and preuve in the court ..the defendant own 2 houses under her name. One year now pass the issue still not resolved.do I have to hire a lawyer?
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answered on Apr 10, 2024
Based on the information you provided, it seems that you have a strong case against the defendant, as she has admitted to taking the money and not returning it in a handwritten confession. However, it is concerning that one year has passed without a resolution to your case.
Given the... View More 
I am a joint owner of a bank account with my mother who recently passed. There is not a lot of money involved. She passed with several thousands of medical bills. Can they take the money in the joint account?
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answered on Mar 2, 2024
* If the bank account was jointly owned between you and your late mother, the creditor generally cannot take money from the account to pay off your mother's debts. Here are some key points:
* Joint bank accounts typically have a right of survivorship. This means that when one owner... View More
Showing wife is under Massachusetts income protection law and your indigent can the magistrate still hold you in contempt?
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answered on Oct 20, 2023
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
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
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?
answered on Feb 15, 2024
Insurance proceeds payable to a named beneficiary pass outside probate and are therefore not reachable by creditors. I assume the same is true for an annuity.
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
answered on Feb 2, 2024
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
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
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