An Execution process should be carefully considered. It should be viewed as a last resort action in most cases unless the Debtor/Defendant has numerous assets and chooses to not comply in any fashion. The levy of items, such as automobiles, is frowned upon by some attorney’s and Judges, even though somewhat promoted in the “Information About Small Claims Judgment” provided by the court. This course of action is not for everyone but is a course we complete at the request of the Judgment Creditor/Plaintiff, provided validity of requirements.
An Execution is an order that permits a Judgment Creditor/Plaintiff the means to enforce payment to be made on their Judgment by placing a lien on the Judgment Debtor/Defendant’s property or seizing/levying the Debtors/Defendant’s personal assets and forcing a public auction.
A Judgment Creditor/Plaintiff has three options to effectuate upon an Execution.
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Demand on Execution
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Levy of Personal/Real Property
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Levy on Real Estate (Writ of Attachment)
An Execution in Massachusetts earns interest at a rate of 12% annually and is calculated from the issue date. Interest is calculated till the date of satisfaction.
Demand on Execution
With a Demand, a Constable serves upon the Judgment Debtor/Defendant a copy of the Execution along with documentation on means to satisfy. The Judgment Debtor/Defendant then has a specified amount of time to respond with a resolution scenario.
Levy of Personal & Real Property
If a Judgment Debtor/Defendant fails to remedy in full through arrangements with the Judgment Creditor/Plaintiff a levy of property may commence. Some of the most accessible assets are items such as watercraft, motorcycles and automobiles. Seizable assets have an exemption and this value needs to be determined before moving forward on any action.
Levy of Real Estate (Writ of Attachment)
A Writ of Attachment is used to place a lien on Real Estate Property. You must indicate whether the Writ should be recorded on the Unregistered or the Registered/Land Court side of Suffolk County Registry of Deeds. The type of recording needs to be stated:
Unregistered
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General (any and all property in the County of Suffolk)
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General with Parcel (and/all property located in Suffolk County including but not limited to property at a specific address or book and page)
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Specific (property located at a specific address or book and page)
Registered
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Requires Certificate Number, Book and Page
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Original Writ of Attachment will be returned upon completion of recording and will include the appropriate Return of Service
Our office is fully equipped to locate assets for possible levy solution. Massachusetts has strict guidelines and exemptions. We advise you to contact our office at (617) 265-0111 to discuss what the best course of action would be based on your particular case factors.
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