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Massachusetts Execution on Judgment for Summary Process - Sample

Massachusetts Execution on Judgment for Summary Process - Sample

Name: Massachusetts Execution on Judgment for Summary Process - Sample
Brand: US Legal Forms
Price: 59.00 USD
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Category:

Massachusetts Civil Procedure - Miscellaneous

State:

Massachusetts

Control #:

MA-H-SP-006-S

Format:

Instant download

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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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(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.

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.

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.

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.

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 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.

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.

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The date of judgment, or within ten days after this writ has been satisfied or discharged. We command you, therefore, to collect the above sum, with your fees, of the money of said judgment-debtor, or his or her goods, chattels,.Form 21: Sample Execution. Fill-out this application and file all three (3) copies with the clerk of the court location where the judgment was entered. This pamphlet is designed to inform you of the basic steps in an Eviction (Summary Process) action. It is not a substitute for the advice of an attorney. Items 11 - 19 — Enter clerk's judgment. (1) for restitution of the premises only and issue a writ of execution on the judgment. Lien on Real Property (Starting the Process on Lien). If a judgment has not been appealed to county court in accordance with the Texas Rules of Civil.

Massachusetts Execution on Judgment for Summary Process - Sample

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