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Summons and wage garnishment - please help

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BoSox617
Contributor

Summons and wage garnishment - please help

Hello all,

 

My friend had a judgment filed against her in 2005 (she is in MA) for credit card debt.  The date of breach is 2004.  She has a few hard copies of letters requesting  payment from the Attorney’s law firm dated, latest dated 2007.


She moved to another Massachusetts town a few years later, and subsequently did not receive any further correspondence from them.   This judgment did appear on her credit reports but dropped off 7 years after the filing date.  The statute of limitations for a judgment in MA is 20 years but they can be renewed.


She just received a complaint to attach wages, a summons, and date of hearing notice from a different Attorney, now also listing Palisades Collection along with the original creditor.   These new documents listing the new Attorney were dated months ago, but she just received them via certified mail now.  They included a copy of the original judgment.

 

She does not remember if she was properly served or not when originally filed.  She is going to contact the clerk of the court to get copies of all the documents (the complaint, the proof of service, the record of the court proceeding that granted the judgment and the judgment itself). 

 

She does not want her wages garnished, does not want her employer contacted, and wants to understand her options.  She will have the full amount for payment in a month.

 

We believe these are her options based on the info at hand to prevent this from reporting to the CRAs and to fully shut down the issue.  Are these reasonable, and are there any other options or angles to pursue?


Option 1: Set up a payment plan with the new Attorney, IF they agree in writing to drop the suit and vacate the judgment upon receipt of full payment (would vacating help prevent the renewal of the judgment?).   Is there a risk to contacting them now?  She needs another month to come up with the full payment.


Option 2: Go to court on the date of the hearing, accept the judgment, pay it off then and there – if she does, can she request that this not be reported to the CRAs?

 

Thank you very much in advance for your time and advice.

Message 1 of 5
4 REPLIES 4
guiness56
Epic Contributor

Re: Summons and wage garnishment - please help

The SOL for a judgment is for collections of the judgment.  The only way it could be reported again was if they renewed it under a different case number.  That doesn't seem to be the case yet.

 

I would do whatever it takes to keep her wages from being garnished.

 

My first step would be contacting the clerk of the courts and getting the paperwork involved in the case.

 

If she knows it is her debt, even getting it vacated for improper service, without payment,  would not stop them from refilng and reporting again.

 

I would contact the attorney ASAP and work something out, including having it vacated upon full payment.  Yes, vacating after payment would stop it from being renewed.  Just paying it would stop it from being renewed as there is nothing to renew.  Its paid.

 

 

 

Message 2 of 5
BoSox617
Contributor

Re: Summons and wage garnishment - please help

Thank you for your reply, guiness.

 

It looks like she is on the right track then - she is contacting the court tomorrow for documentation, and is planning to come up with full payment. 

 

Is there a risk to contacting the Attorney now?  She has 25% of the payment now, and can come up with the rest over the next month. 

 

Thanks again for your input, it is much appreciated.

Message 3 of 5
guiness56
Epic Contributor

Re: Summons and wage garnishment - please help

No, I would contact them now and not wait.  If she can enter into an agreed upon payment arrangement now, I wouldn't wait.

 

The court date isn't until next month.  Try to get it taken care of before that date.  I would also show up to the hearing with proof of arrangements.

Message 4 of 5
BoSox617
Contributor

Re: Summons and wage garnishment - please help

Thank you!

Message 5 of 5
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