Quick civil question for coworker

[Republic of Mass]

Well, a coworker just called... I guess he's taking a day off work.. for court.
He thought I could answer his questions, I cant. Can someone maybe give me a lil info I can pass onto him?
From what I gather, he fell behind in alll of his bills. He decided to get everything but one credit card squared away, as his living expenses are far more important, i agreed. By the time he was ready to make-good with the CC company, they were saying "pay all or pay nothing"
Well, over a year later, they sued him.
First Notice: Left in doorway. For Case management
CC Lawyer called, said "lets reschedule". They talked via email, etc, said "no new date from the court"
Then, come a month ago, he find another sumons stuffed in his door at home.
This is for a "Summons to judgment debtor for examination (under suplemantry process)"
He called the court. They said he defaulted on the new case-management, (where they issued a default judgement against him) and another sumons for payment, or something like that. he states the he NEVER recieved the sumons (he didnt have to sign for the 2 he got stuck in his front door). The courts said "whoever served it also mailed it". Well, apparently he only has a PO box, no residental mailing address. The court/lawyer is aware, as they've both mailed things to his box.
None the less, from the segments of the letter he emailed it to me regarding this new court date tomorow, it includes words such as
"To Mr XXX Judgement debtor, YYY the judgement creditor named in a certin judmeent against you dated x day of x, xxxx of XXXXX for civil business withins said county of bristol having applied for supplementary process under sec 6 of chapter 223 of the general laws and act amenadtory thereof and supplementary thereto, to wit, that you have property not exempt from being taken on execution which you do not intend to apply to the payment of the planiff's execution; you are hereby commanded to appear beofre our said court for civil business on ....."

Ok. So. From what we understand, they think he has property that they are trying to take. He rents his place of residence, and doesnt own a car (we all have company issued cars we can use 24/7 for free). He has no real material assets, about 1000 in stocks, and thats about it.

He doesn't understand what they're trying to do, and what he's up to tomorow a court... Can anyone explain this so I can pass it on to him? I see the word arrest tossed around a lot in that mgl, and I am so confused, but i just cant follow what they're trying to do.

Any help?

(now supposedly he has tlaked to council about an improper-suit to reverse the findings, but he hasnt decided to go ahead with it, therefore the council couldnt really advise him on what to do/expect for tomorow)

 

[Len-2A Training]

As a Constable for the past 6 years, I offer the following info.

"Proper service" under the law is left at last known residence and sent via 1st Class Mail to last known address. If I only have a street address and am not made aware of a PO Box, that's where it gets mailed to. If service was done this way by a Constable properly appointed in that town, it is prima fascia evidence of proper service. If he never sees the documents, refuses to open them, the Mail gets thrown out, etc. . . . this is no excuse as far as the court is concerned.

Some courts are telling people to mail their own Summons & Complaints, in which case evidence of "proper service" is subject to more scrutiny by the courts.

So yes, they could have received a default judgment against him.

Failure to pay is also subject to arrest by a Constable or Deputy Sheriff (Civil Division only) and at the discretion of the judge he can be jailed until payment is made or arrangements are made . . . although this is possible, judges are reluctant to do it. Contempt of Court (failure to respond or show up in court) however is a very serious matter and judges oftentimes issue a Capias (civil arrest warrant). Only Constables or Civil Division Deputy Sheriffs can make civil arrests. Many/most Constables will not do Capias arrests unless it is a Probate matter, mostly because the judges are reluctant to authorize us to get paid >$50 for a day's work (we can't leave the courtroom or the prisoner until officially relieved by the judge). . . I have refused a number of requests to do these.

The judge can attach your friend's paycheck until such time as the debt is paid off in full. Will s/he? No way to tell until he faces the judge. Having a lawyer on his side will certainly help as the cc and collection companies have these cases down pat and they are out to screw him as much as possible.

 

[Republic of Mass]

Thanks lens

If you were to make service, and it was returned to you by the Post Office as undeliverable or whatever, as he clamins all mail to his residence is, what would the situation and procedure be?

Anything he can do in preperation of doing this alone tomorow? He's been calling non-stop to see what I found out.
I think he wants to pay it off and co-operate. Will he have the opertunity to talk to the creditor to work somehting out prior to seeing a judge?
I think he thought it was a hearing infront of a magistrate, if I mention Judge, he's going to have a corinary, as he's never been in any trouble ever... (he's a mama's boy, haha)

 

[Len-2A Training]

Thanks lens

If you were to make service, and it was returned to you by the Post Office as undeliverable or whatever, as he clamins all mail to his residence is, what would the situation and procedure be?

Anything he can do in preperation of doing this alone tomorow? He's been calling non-stop to see what I found out.
I think he wants to pay it off and co-operate. Will he have the opertunity to talk to the creditor to work somehting out prior to seeing a judge?
I think he thought it was a hearing infront of a magistrate, if I mention Judge, he's going to have a corinary, as he's never been in any trouble ever... (he's a mama's boy, haha)

When I do the 1st Class Mailing, I do NOT put ANY return address on it. That's because many wise-guys won't open it and then claim that they never received it! My return to the client (and ultimately to the court) is a sworn statement (under pains and penalties of perjury) that I did serve it in the manner stated in the return of service. That is sufficient to meet the requirements under MGLs. If the server is strictly a Process Server (not sworn LE), they can be subpoenaed into court to testify under oath about how they did the service, but in 99% of the cases this is strictly a stall attempt and won't change the outcome.

I'd still recommend using an attorney! It's up to the creditor if they want to cut a deal or put the screws to him . . . no way to predict that, my crystal ball is out being serviced.

I also can't say whether a Magistrate or a Judge will hear the case. Don't know. My involvement is strictly serving the papers. Only time I show up in court is when I'm bringing in a prisoner to be heard by the judge.

 

[Republic of Mass]

Interesting. How much of this shows up on his criminal record (BOP)?
I thought nothing, as I've never seen any thing come back for anything like this on a BOP inquiry... he's just concerned about it folowing him aournd for life..

I relaze an arrest or contempt will, but at this point, he should be clear, correct?

Thanks Lens... I'll just tell him magistrate... let the court officers deal with a coronary if it's a judge....

Good evening sir...

 

[Len-2A Training]

Any arrest must be reported and will haunt him for life.

Civil litigation will likely haunt him via his credit reports. Many potential employers also pull credit reports these days, so it can hurt him.

Since BOP is strictly criminal, it won't show up there (if arrested), but most chiefs will deny if "forgotten" in filling out the LTC application. Chief can also use it for "unsuitability" determination.

 

[Republic of Mass]

thanks lens.
we live in a "bright green" community (as I call it), LTC unless disqualified by MGL is the dept policy. He's more concerned with having a BOP in general, not as it would relate to a LTC,.

 

[Republic of Mass]

Well he went. It was cakewalk.

He said he was one of a few out of about 50 that showed up, Capius warrants issued for the rest.. suckers

He worked out payment, and the court accepted it. He BS'ed a low amount just in case he gets in financial trouble one month, but plans on paying more.....

 

[Len-2A Training]

Glad to hear that it worked out for him.

It always pays to act responsibly and try to work things thru. Those that ignore it, will usually end up looking over their shoulders for a good long time and perhaps spend time in jail.