Legal Question in Credit and Debt Law in Massachusetts

I had an agreement and judgement to pay a law firm collecting a credit card debt $25 per month back in 2010 totalling 2000. They also put a lein on my house.back then i was reduced hours at work and fell on a difficult financial time that we are still trying to recover from. I am current every month on payments to date.i just received a Supplemental Process summons from the court in massachusetts regarding this same debt. What is this all about? I called and no one can help me until next week. I am on edge since i have been paying. I am afraid! I paid my car off and i need it to get to work etc...i have nothing else. I had to take a hardship withdrawl of my 401k to avoid forclosure. We are slowly trying to solve these old issues an are not running from th edebt. But i still cannot pay it off. I feel helpless!

Asked on 4/13/13, 1:17 pm

1 Answer from Attorneys

Mandy Spaulding The Law Office of Mandy L. Spaulding
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Dear Consumer,

It is a little surprising that you would have a Supplementary Process (SP) action filed against you on a 2000 bill - here's why. Typically matters under $7000 are filed in small claims (SC). That change was recent, it used to be $2000 and under. Small claims actions continue, with payment reviews, or show cause hearings, - so that the judgment creditor can attempt to collect the debt.

Actions filed on the civil docket (CV) - matters $7000 and more, once they reach a judgment are closed, and in order to pursue collections on the account an SP action much be filed. The SP action is simply a new action that says - we obtained a judgment and it hasn't been satisfied (paid in full) yet. We now want the opportunity to have the judgment debtor appear before the court (usually means meeting with an attorney in the hall way, but not always), and filling out a financial form, so that we can learn more about their financial situation and ability to pay. If a payment arrangement is worked out - it can be made a voluntary agreement, but usually becomes an order of the court at that point.

There are specific exemptions regarding vehicles. It's rare (if not impossible now) for a creditor (short of your car loan creditor) to take your only vehicle to satisfy a debt.

I hope this helps.

Read more
7/02/13, 8:53 am

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