Legal Question in Credit and Debt Law in Massachusetts

I miss a court date and the creditor won the judgement. Now I received a civil process letter from the sheriffs office stating that a creditor have levied upon, seized and taken all right title and interest of my property. Can they do that, even though I have a homestead on filed? I'm worry and don't know what to do next please help me, thank you


Asked on 2/12/12, 7:09 pm

1 Answer from Attorneys

Thomas Beauvais Thomas Beauvais, Attorney at Law

If there is a judgment, then the creditor may place a lien on your property. The homestead only protects a certain amount of equity on your home, meaning if the property is sold you would get the homestead amount before your creditor is paid with the remaining sale amount.

If you have a good reason for missing the court date and if you think you have a good defense to owing the debt or the amount, you should consider consulting an attorney to vacate the default judgment and try to have the case dismissed.

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Answered on 2/13/12, 5:58 pm


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