Lien Without Court Appearance?

[sailmategal]

What is the name of your state? Massachusetts

I have fallen into the "in debt" category that many Americans fall into. My problem is....last February I registered with CCS Services and they helped me to get my bills in order.....EXCEPT for one...SEARS....they dont seem to want my monthly payment although THEY HAVE BEEN ACCEPTING IT THEY WANT MORE MONTLY..because of this...they have sent my case to a lawyer. My concern is.......the lawyer went ahead and attached my property because of this debt. My question is......IS THIS LEGAL OF HIM TO DO THIS WITHOUT A COURT APPEARANCE? The only reason why I found out is I was at the registry of deeds and picked up on this. I dont think the lawyer had a right to do this without a judge's approval or without hearing my case...HELP...HELP....I was never even served to go to court for this matter....I was served a default notice but no court appearance demand!

 

[HomeGuru]

Something does not sound right. Get an attorney to review you file.

 

[sailmategal]

Something does not sound right. Get an attorney to review you file.

Well if I could afford an attorney I would do just that...unfortunately I cant. I am going to contact the sheriffs office who signed the attachment tomorrow morning and discuss it with them. Last week the sheriffs office mailed me a contempt notice....I called them and they said it was a mistake...I am not in contempt of court...but I do have a court date for 9/10...which leads me to believe that there was supposed to be a date..and someone messed up....which is why the attachment took place...who is at fault here? Wonder how the judge will handle this one!!

 

[HomeGuru]

Well if I could afford an attorney I would do just that...unfortunately I cant. I am going to contact the sheriffs office who signed the attachment tomorrow morning and discuss it with them. Last week the sheriffs office mailed me a contempt notice....I called them and they said it was a mistake...I am not in contempt of court...but I do have a court date for 9/10...which leads me to believe that there was supposed to be a date..and someone messed up....which is why the attachment took place...who is at fault here? Wonder how the judge will handle this one!!

**A: I wonder too. Good luck.

 

[sailmategal]

Well if I could afford an attorney I would do just that...unfortunately I cant. I am going to contact the sheriffs office who signed the attachment tomorrow morning and discuss it with them. Last week the sheriffs office mailed me a contempt notice....I called them and they said it was a mistake...I am not in contempt of court...but I do have a court date for 9/10...which leads me to believe that there was supposed to be a date..and someone messed up....which is why the attachment took place...who is at fault here? Wonder how the judge will handle this one!!

**A: I wonder too. Good luck.

do you think the sheriffs office would be helpful in this matter? What exactly is their job? Can they take the place of a judge in some matters? Dont I get a chance to present myself?

 

[HomeGuru]

The sheriff's office cannot give you legal advice. They cannot act as the judge.
Your lawyer did the correct thing. You need to contest the lien if you do not agree.
Maybe you need an attorney.