Legal Question in Credit and Debt Law in Massachusetts

Can I vacate the judgment in a debt case if I live in Canada? Here's the story in brief: I've been working as a nursing intern in Canada for the past 4 months. Now my mom, who finally checked my mail, informs me that the judgment against me for a bogus debt ($1000) has already been entered, and there's a payment review scheduled for the end of July. If I fail to appear for that court date, a capias warrant may be issued for my arrest. From what I understand, even though I'm not at fault in this case, it's too late to argue this in court - the judgment is made. And I cannot make any court date on a weekday in the next 6 months, as it would violate the terms of my nursing internship. The possibility of a capias warrant doesn't bother me much, since I don't live in US and only visit on the weekends once in a while. My real worry is this: once I file for Canadian immigration, they will request a criminal records check from the US. I know a capias is a civil warrant, but is there any chance it might surface and hinder my immigration process when the police run me through the computer? Can they demand that I satisfy this warrant before they issue my criminal records check? Also, is there any chance that a capias warrant will create problems when I pass border control or land in the US airport? And the main question: can I file a motion to vacate the judgment on the grounds that I live and work in Canada (my employer can provide an official letter, employment records, etc.)? Any help is greatly appreciated!


Asked on 6/24/10, 11:37 pm

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

There is a good chance you will be able to vacate the judgment, especially if you were never properly served. One question I have for you is where this obligation stems from, and/or how long you have been in Canada, or intend to remain there. (There are specific rules regarding suit in a jurisdiction other than the one in which the debtor is either resident, or agreed to the obligation.)

I do not know the answer to your Canadian immigration question. However, if you are seeking to vacate a debt incurred at the Boston Municipal Court, my office is close to that Court, and I would be happy to talk to you.

617-230-2779

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This answer does not constitute legal advice. This answer does not create an attorney-client relationship.

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Answered on 6/25/10, 5:51 am


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