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Massachusetts Execution On Judgment For Money Damages
State:
Massachusetts
Control #:
MA-H-G-005
Format:
PDF
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FAQ
The statute of limitations on judgments in Massachusetts are 20 years and can be renewed by the court for another 5 years if the judgment is still not satisfied.
In many situations, one of the best ways to collect a judgment after winning a case is to put a lien on the debtor's property. This gives you a claim to the property and, in some cases, the property will be sold at public auction in order to satisfy the debt that is owed.
Execution of Judgment:Execution refers to an official document that directs a sheriff to take possession of a judgment debtor's property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.
A money judgment is a court order that awards the plaintiff a sum of money. The award can be owed to the plaintiff for a variety of reasons. Some examples are unpaid rent, damages to a rental unit, money borrowed, hospital bills, credit cards, and money owed for repossessed vehicles.
With an Execution on Money Judgment, the court has decided the Plaintiff is due monies by the defendant and the Execution allows the attorney/plaintiff to ask the Essex County Sheriff's Department to enforce the execution.
(For details, see chapter 246 of the General Laws of Massachusetts.) To levy a judgment debtor's wages, you have to mail the debtor notice of the wage levy request by registered mail, to give them at least ten days notice of the planned wage levy. The first $125 per week of wages are usually exempt.
Can the execution in a summary process case expire? Yes. The execution must be used within 3 months. The monetary part of the execution is valid for 20 years.
A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of property as the result of a legal judgment. Property may include assets, money, or real property.