Massachusetts Judgment of Conviction and Sentence
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Terms: 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.
In the judgment of conviction, the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. If the defendant is found not guilty or is otherwise entitled to be discharged, the court must so order. The judge must sign the judgment, and the clerk must enter it.
It is a court order that says you owe money to a specific person or company. A judgment lasts for 20 years. If at some time in the 20 years after the judgment you have wages or assets, the creditor may attach, or take your wages or money to pay the debt.
Rule 29(a)(1), Illegal Sentences, provides that, within 60 days after a trial judge imposes a sentence, either the Commonwealth or the judge may move to revise or revoke that sentence if any part of the sentence is illegal.
How does a writ of execution work in Massachusetts? When you win your case, the court will issue you a writ of execution. Once you have that writ of execution, you can enlist the help of the sheriff to collect certain property from your debtor and sell that property at auction.
(a) Imprisonment If a sentence of imprisonment is imposed upon conviction of a crime, the entry of an appeal shall not stay the execution of the sentence unless the judge imposing it or, pursuant to Mass.
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.
The execution must be used within 3 months. The monetary part of the execution is valid for 20 years. After I have removed my tenant from the property, how do I collect the money I was awarded in the judgment?