Legal Question in Credit and Debt Law in Massachusetts

What should I expect to happen as the judgement creditor at a payment review hearing? I had a small claims case in may if this year where I sued a former friend for money owed to me. We went through mediation where she admitted to and agreed to pay me back by a certain date. The mediator, as well as the defendant and myself signed stating she'd pay me in full by a given date, if she didn't we'd have a payment review hearing which is scheduled for next Monday. She failed to pay, resultin in a breach of contract. What will happen at the review hearing? Should I have any evidence reday as well? Maybe an email exchanged after our judgement with the agreement stated and how shed send me the check certified mail with a check she was getting and would use to pay me back

Asked on 7/12/16, 2:44 pm

1 Answer from Attorneys

Mandy Spaulding The Law Office of Mandy L. Spaulding

You can bring evidence, but usually, unless the other party is there stating they did pay you, the magistrate will take your word for it.

If the other side appears, you can conduct a financial exam and request a new payment order.

You can request an execution too whether they appear or not usually which allows you to do certain things through certain other processes, like attach wages, or put a lien on a home she owns.

If she doesn't appear, you can request a capias. That's a civil arrest warrant which is considerably different from a criminal warrant. But it does allow you to request a sheriff or Constable bring her to court.

If you'd like to discuss any of this, feel free to call my office.

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Answered on 7/27/16, 4:54 am

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