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Massachusetts Execution on Judgment for Summary Process - Sample

State:
Massachusetts
Control #:
MA-H-SP-006-S
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PDF
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Description

This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.

Massachusetts Execution on Judgment for Summary Process — Sample is a form of legal document used by landlords to evict tenants when a tenant has not met the terms of a lease agreement. This form is a court order for the tenant to vacate the premises and remove their possessions from the property within a specified time period. There are two types of Execution on Judgment for Summary Process — Sample in Massachusetts: the Writ of Execution and the Warrant of Restitution. The Writ of Execution is used when the tenant has not paid rent or breached the lease agreement in any other way; it orders the tenant to vacate the premises and remove their possessions within five days. The Warrant of Restitution is used when a tenant has failed to pay rent and has been evicted; it orders the tenant to vacate the premises and remove their possessions within twenty-four hours. Both documents must be served on the tenant by a Constable or Sheriff.

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FAQ

A summary judgment in Massachusetts is a court ruling that resolves a case without the need for a full trial. This ruling is issued when the judge concludes that there are no significant facts in dispute that would require a trial. It significantly shortens the resolution time for cases, providing efficiency in the legal process. Reviewing Massachusetts Execution on Judgment for Summary Process - Sample can clarify how this judgment functions in various legal contexts.

A Writ of Execution is a legal document that allows a sheriff to attach any non-exempt personal property of the debtor and hold it for sale at a public auction for the purpose of satisfying the judgment. See Massachusetts Rules of Civil Procedure, Rule 69, and Massachusetts General Laws, Chapter 235.

A Motion to Issue Execution is typically filed by a landlord if they are alleging that a tenant failed to abide by the conditions of a Housing Court agreement. The motion asks the court to give the landlord possession of the premises because of the breach of the agreement by the tenant.

The court order that allows a landlord to evict a tenant is called an ?execution.? If the landlord wins the summary process case and is awarded a judgment against the tenant, the tenant has 10 days from the date that the clerk's office enters judgment to file an appeal.

A summary process (eviction) summons and complaint is the next step after a notice to quit. You must go to court to get a justice's signature and then see that this notice is delivered to the tenant in ance with Massachusetts law. You must hire a constable or the sheriff to serve the summons and complaint.

This rule establishes a limited right to discovery in summary process actions. In keeping with the need for expeditious procedure, an automatic postponement of the trial date for two weeks from the originally scheduled date results from the timely service and filing of a discovery demand.

In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent that's owed.

(a) Entry of default If a defendant fails to answer and also fails to appear for trial, said defendant shall be defaulted at the call of the trial list on the day set for hearing, provided that the plaintiff appears at the call of the list.

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Massachusetts Execution on Judgment for Summary Process - Sample