1. Now that I have a Judgment can I just ask the Debtor/Defendant for the money?
It is well within your legal right to ask the Debtor/Defendant for the money that is owed. It is recommended that the request be in writing and not a “personal” visit that could be construed as threatening or coercion. If a mailing goes unresponsive for 30 days it would be advisable to enlist the respective court for a Notice to Show Cause, then pay a Constable to serve.
2. Does the court enforce the order and make the Debtor/Defendant pay?
The Court itself does not enforce actions on Judgments. The Judgment is only a document that states the court found in your favor and Debtor/Defendant owes you a certain amount of money. The court does not actually “police” the orders leaving enforcement to Constable’s and Sheriffs on Civil matters.
3. How long is my Execution on Money Judgment valid?
Original Executions are valid for twenty (20) years. They can be renewed at the expiration but may require additional litigation. Alias Executions, issued when an original Execution is lost, are good for five (5) years.
4. How long is a Capias valid?
A Capias usually expires one (1) year from issuance (exception to this is a Probate capias which does not expire). A Capias would need to be renewed at expiration in order to have actions completed.
5. Which is better for resolve on my Judgment, a Capias or an Execution?
There is no single correct answer for this question. There are too many variables that need to be evaluated when determining the best course of action. Some of the factors, but not limited to, include: age of debtor/defendant, amount of Judgment, assets of debtor/defendant, initial cost factors Creditor/Plaintiff must incur/can afford, knowledge of case history and actions previously completed upon the debtor/defendant, origination of debt, possible determinations gathered at Payment Review or Notice to Show Cause, as well as many other factors.
6. Is a Constable required by law to complete my requested Capias or Execution?
Though a Constable or Sheriff is required by law to be the effectuating Officer on Civil related matters it does not mean that a Constable or Sheriff is legally required to complete all actions presented to them. Each office may refuse to complete service for any reason.
PROPERTY LEVY FAQs
7. How does the Property Levy process work?
SCCO requires the original Execution before proceeding in any action upon a Judgment Debtor/Defendant. Once we have the original Execution we will begin a review of the Judgment Debtor/Defendant assets to determine value and that they meet current exemptions. SCCO will then validate ownership of assets to be those of the Judgment Debtor/Defendant. Once we are satisfied with the investigation accuracy, we will initiate the levy upon the Judgment Debtor/Defendant.
8. What assets can be levied?
Any real or personal property, including Real Estate may be levied. Items such as watercraft, motorcycles, automobiles, planes, business equipment, etc are all subject to levy. Levy upon real estate places a lien upon the property that would need to be satisfied upon sale or re-finance. It does not force sale of property in Massachusetts.
9. Can I levy upon personal or business property?
The determination of what can be levied is subject to (1) the listed Judgment Debtor/Defendant on the court document, and (2) the assets registered owner. If the Execution is against an individual then the property needs to be registered to that individual. If the Execution is against a Corporation or LLC then assets of that business may be levied upon. If the entity is a d/b/a they are subject to levy in either the individual or company name.
10. How fast do I get my money after seizure/levy?
Massachusetts Law provides four days for the Judgment Debtor/Defendant to make remedy. If in these four days the Judgment Debtor/Defendant satisfies the Judgment in full, they are entitled to return of their property. If they fail to satisfy in that time frame the property is put up for public auction. Depending on bids received the Constable may sell property or adjourn if bids are unsatisfactory based on property valuation. When sale is complete the proceeds are disbursed as follows: (1) Liens on property, (2) associated fee from levy, (3) Judgment amount, (4) overage, if any, to Judgment Debtor/Defendant.
11. What happens if the auction does not satisfy my Judgment fully?
If the sale of property does not satisfy the Judgment fully, the Judgment Creditor/Plaintiff may still pursue for the remainder. This may include additional levies, Capias or other measures to satisfy Judgment.