How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask BizAttorney Your Own Question
BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
13790199
Type Your Legal Question Here...
BizAttorney is online now
A new question is answered every 9 seconds

What is the law of the state of MA regarding obtaining monies

This answer was rated:

What is the law of the state of MA regarding obtaining monies on a judgement? I was sued and lost on 2/7/2013, but did not know I was being sued in the first place. What are the remedies and timing offered to them and to myself?

BizAttorney :

Good evening! I can help you out with your legal question tonight. You can still request the court set aside the judgment. You need to file a Motion to Set Aside judgment. The court wants to decide the case on the merits of the case and not on a procedural technicality. Do you have an attorney?

BizAttorney :

Or are you handling it by yourself?

BizAttorney :

Are you there?

BizAttorney :

Did you have any additional questions?

Customer:

I am currently handling it by myself, yes. I just found out about it.

BizAttorney :

Ok, on Monday file a Motion to Set Aside the Judgment. You will attach an affidavit stating you never received the summons and complaint.

BizAttorney :

State how you became aware of the suit and that you have been prejudiced by their failure to effectuate service.

Customer:

is it not too late for this? how long do they have before they can try to tap into my bank accounts, etc.?

BizAttorney :

No it is not too late, you have a couple of months to file it at least. It can go up to 6 months, but it is better to do it sooner rather than later.

BizAttorney :

They can start attempting to garnish your accounts now, so I would recommend filing it Monday.

Customer:

ok, where are you located?

BizAttorney :

I

BizAttorney :

am in Nevada now, but I worked in MA.

Customer:

would I be informed if they tried to garnish my accounts?

BizAttorney :

Yes, but usually after they are garnished. Then you find out and can request a hearing.

Customer:

if you have the right to work in MA, would you consider filing an appeal for me? I am out of the country.

BizAttorney :

You could always call your bank and ask if they have received garnishment paperwork.

BizAttorney :

No, unfortunately, we cannot get clients from this site. Sorry.

Customer:

can you recommend someone?

BizAttorney :

I am not supposed to. I can tell you to contact the state bar and get a referral or go to www.martindale.com and find an AV rated attorney to help you.

Customer:

Also, if I file an appeal on Tuesday, am I automatically protected. Should I submit this to my bank?

BizAttorney :

No, the bank doesn't need to see it. You won't be filing an appeal, it is a Motion with the same lower court. You won't file anything in a higher court.

Customer:

ok, thanks. i will rate you asap.

BizAttorney :

Thank you very much and thank you for the feedback!

BizAttorney :

Have a great night and take care.

Customer:

you too.

BizAttorney :

Thank you.

BizAttorney and 9 other Legal Specialists are ready to help you