Can The Court Order The Debtor To Pay?
The court is not permitted to order them to pay the debt with money from Social Security, welfare, unemployment, or workers compensation benefits. If they are found to be liable for the debt, they should immediately let the court know if these are their only sources of income. If that is the case, and they do not own real property, the debtor may be considered "judgment proof," and will not be required to pay the debt at this time. However, be advised that a judgment can be acted upon for many years after it has been made. If, at a later date, the debtor has income from another source or other assets available, a "judgment creditor" may seek to enforce its judgment at that time and collect the money owed.
Other Massachusetts Collections-Creditors Rights FAQs
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Q:
What Is A Third Party Debt Collector?
A: A separate company hired by the creditor to collect the debt. Both creditors and third party debt collectors must tell the debtor the name of their company and the … More -
Q:
What Is Considered Prohibited Activity (Under Regulations 940 C.M.R. 7 & 209 C.M.R. 18)
A: Collectors and creditors are prohibited from harassing in an effort to collect the debt. This includes: Disclosing debts to a third party including neighbors, … More -
Q:
Can A Collector Or Creditor Take Debtor To Court To Try To Collect A Debt?
A: If the debtor receives a summons to go to court, they must appear on the hearing date, or contact the court in advance to explain why they cannot appear. They may then … More -
Q:
What Happens At A Hearing?
A: At the hearing, the court will evaluate whether the debt appears to be valid, and the exact amount due. If the court determines that the debtor owes the debt, either … More
Collections-Creditors Rights Sub-categories
Federal Tax Lien
Attorneys In Your Area
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Nicholas Barrett & Associates
East Providence, RI
866-584-3968
Free Consultation