A Massachusetts Writ of Alias Execution for Miscellaneous Case is a court order issued by a court in Massachusetts to allow for the collection of a debt in a miscellaneous civil case. This writ of execution is used when a judgment debtor has not voluntarily paid the amount that has been ordered by the court. The writ allows the plaintiff to seize the debtor's property and assets in order to satisfy the court-ordered debt. There are two types of Massachusetts Writ of Alias Execution for Miscellaneous Case: a Writ of Execution and a Writ of Fair Facial. The Writ of Execution is a court order allowing the plaintiff to seize the debtor's personal property, such as cash, jewelry, automobiles, and other assets. The Writ of Fair Facial is a court order allowing the plaintiff to seize the debtor's real property, such as land, buildings, and other real estate.
Massachusetts Writ of Alias Execution for Miscellaneous Case
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FAQ
Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).
Alias execution is a second writ of execution issued in the same cause, to enforce a judgment not fully satisfied by the original writ.
Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.
When someone owes you money, the law provides several ways for you to collect on the debt. A court may issue you a writ of execution to allow you to collect certain property from your debtor in order to satisfy the debt.
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 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.