Can I be arrested for not showing up to a civil hearing against a creditor in the state of Massachusetts?

i received the first notice for a civil hearing and I know I can't pay. I don't have a job or income. On the front it says "attendance required" but can you be arrested for not showing up? And if they get judgement/default can I be arrested for not paying? Could they try and come after personal belongings? I don't own anything in my name, no car, just a savings account with an exempt amount and personal belongings in my apartment. thanks.

Boston, MA -

Attorney Answers (1)

James M Lynch

James M Lynch

Litigation Lawyer - Hingham, MA
Answered

It is unclear from your question what the hearing is for. If you have received a summons for a Supplementary Process (SP) hearing under M.G.L.A. 224 § 15 - where a judgment creditor is allowed to examine the judgment debtor under oath about the debtor's income and assets - then you have to appear if the summons was properly served - i.e., by an officer qualified to serve civil process and served at least seven days before the hearing either in-hand or by leaving a copy at the debtor's last and usual place of abode. Assuming proper service for an SP hearing, then failure to appear by the debtor could result in a bench warrant issuing for the debtor's arrest. If your hearing is an SP hearing under M.G.L.A. 224 § 15, you should not ignore the summons. You might also give some thought to consulting with a bankruptcy lawyer before you do go to your hearing.

The answer to this question is for informational purposes only and is expressly not legal advice. This... more

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