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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3626
Experience:  Experienced in both state and federal court.
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Judgement against plaintiff in Massachusetts,what can happ

Resolved Question:

Judgement against plaintiff in Massachusetts,what can happen?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Just so I'm understanding you correctly, the judgment was against the plaintiff, so the defendant was not ordered to pay anything, correct?

Customer:

No it was against the defendant

TexLawyer :

OK. Could you clarify what you mean when you ask "what can happen?"

Customer:

What I would like to know-what can the plaintiff collect,its a bank and I really have no asset except my job

TexLawyer :

There are several ways a plaintiff can collect. First off, they can garnish your wages. Second, they could levy your bank account. Third, they could put a lien on any property you may own.

Customer:

I no longer own property,I do have a bank acct. I have no retirement, no car.

Customer:

What can I do to protect what little funds I have in the bank.

TexLawyer :

If that is the case, they will have a very difficult time collecting on you. Many lawyers refer to people (or businesses) with no money or assets as "judgment proof," meaning that if even if someone get a judgment against them, it will be difficult, if not impossible, to ever collect.

Customer:

What about garnishing my wages

TexLawyer :

Once someone gets a judgment against you, there is very little you can do. It is against the law to move money for the purpose of frustrating the collection of a judgment.

Customer:

Should I hire a lawyer to protect what little monet I have?

TexLawyer :

15% of your gross wages (that is, before taxes or other deductions are taken out).

TexLawyer :

The most they can take is 15% of your gross wages (that is, before taxes or other deductions are taken out).

TexLawyer :

As far as money in the bank, the best thing you can do to protect it is to purchase something (i.e. real estate) with it or pay off debt you already have.

Customer:

Should I consider bankrupcy

TexLawyer :

If the money is just sitting in an account, it is subject to garnishment.

TexLawyer :

Bankruptcy will not get you out of the judgment.

Customer:

How much can they take out of my bank account

TexLawyer :

They can take all of it, up to the value of the judgment.

Customer:

I also own the IRS for this past year taxes,would that make a diff

TexLawyer :

If the IRS comes in as a debtor, they will take priority over all other debtors. However, from your perspective, that doesn't really matter. The point is that all your debtors simply line up and take their share.

Customer:

Would your advise be to close my account and if they take it all,I wopuld be in the street

Customer:

Sorry for the mis-spelling

TexLawyer :

I'm not allowed to give legal advice, I can only answer questions as they relate to the law. To give you advice on what's in your best legal interest would create an attorney client relationship, which this site is not designed to do. That said, if you are concerned that they will levy your entire bank account and leave you homeless, you should do what it takes to avoid that outcome.

Customer:

Is there anything I can do

TexLawyer :

Short of burying your money in your backyard, if your creditors want it bad enough, they will find a way of getting it. The question is how hard they are willing to work for it. Clearly, taking money straight out of a bank account is much easier than executing on a piece of real estate. Again, I cannot tell you what you should do in your situation, as I am not familiar with your case or personal finances, but I can tell you that the plaintiff has the ability to levy your account.

TexLawyer :

You may consider attempting to negotiate a lower amount with them or making a payment plan. Or both.

Customer:

Thank you

TexLawyer :

Glad to help.

TexLawyer :

Is there anything else I can do for you?

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3626
Experience: Experienced in both state and federal court.
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