If a debt collector already has a judgment against you, then they might attempt to garnish your wages. This is one of the most common methods of attempting to collect judgments in Massachusetts, which is also called “trustee process.” A wage garnishment can be stopped by the filing of a bankruptcy case. While this may often be a good option, it is not always the best option. Accordingly, it is important to know what your full options are both inside and outside of bankruptcy. Before determining how much of your income might be subject to a garnishment, it should be noted that there a ..read more

  One of the most important consumer rights in Massachusetts is the homestead act. The value of a home is often a consumer’s most valuable asset, so protecting it from creditors can particularly important. Under the homestead act, the owner of a primary residence might have a protection of up to $500,000 in equity in their property. There is an automatic protection of $125,000 for most people, which can be increased by recording a simple form at the correct Registry of Deeds. The homestead protection can be very helpful in a bankruptcy case, but it is not actually a bankruptcy law. Rather ..read more

  If you’re considering a bankruptcy filing, but aren’t sure whether it’s the best option for you, here are three tips for growing a successful case.   1 – Review Your Circumstances With An Experienced Attorney By reviewing your circumstances with an experienced attorney you’ll be able to make a more informed decision about whether bankruptcy is right for you. Oftentimes bankruptcy might be a great option, but that’s not always the case. Most bankruptcy cases are routine, but certainly not all. Just because someone you know had a good (or bad) experience with a bankruptcy case, that ..read more

  As a result of the Covid-19 pandemic, the United States government has recently passed several laws impacting both bankruptcy and consumer debt collections generally. Some of the most noteworthy ones are the following:   1 – Covid Stimulus Payments Are Not Property Of The Estate In A Bankruptcy Case. Whenever a bankruptcy case is filed, all property owned by a debtor becomes property of the bankruptcy estate, with few exceptions. In 2020, the CARES Act contained a provision confirming that covid stimulus payments are not property of the estate, which means they should be protected ..read more

I am often asked what the statute of limitations for a credit card debt is. While this might seem like a simple question, the answer can actually be quite complicated. As a general rule, the statute of limitations for a breach of contract claim in Massachusetts is six years. The terms and conditions of a credit card typically state that an account is in default if any payment is missed. As a result, in Massachusetts the statute of limitations on a breach of contract claim for non-payment of a credit card will typically be 6 years and 30 days after the last payment made. But it’s not always tha ..read more

  If your car was repossessed for missed payments, you may quickly learn that state and federal laws in this area can be quite complicated. Here are five tips on getting a car back after repossession in Massachusetts.   Tip 1 – Act Quickly In Massachusetts, car lenders are only required to hold a repossessed vehicle for 20 days before reselling it. After this brief holding period, a lender can sell the vehicle. If the sales price does not satisfy the full balance owed plus the costs of repossession, then the lender can also seek to collect the remaining balance owed from you. This is ..read more

Covid-19 has resulted in massive job losses and reduced incomes in Massachusetts. While there is some hope of massive vaccinations on the horizon, it is entirely possible that many of the jobs lost due to the pandemic may not completely return when it is over. In the early days of the pandemic, there were several efforts taken by the state government to protect consumers. They included a prohibition of debt collectors from making collection calls and filing new lawsuits. This was unfortunately determined to be unconstitutional by a federal judge in Boston, though, so it is no longer in effect ..read more