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I got an Execution on Judgement for Summary Process for tenats that I have. They moved but did not pay, how can I collecct?

Walpole, MA |

The court ordered the tenants to pay $3710 and they have not paid. It says in the order that the sheriff may take goods, chattels, lands, or tenaments. Does that mean I can ask a sheriff to take his car? What is the best course of action for me to get my money?

Attorney Answers 4

Posted

I agree with attorney Barletta, as long as you have a money judgment, and you have perfected the judgment by filing and serving a notice of entry of judgment, you can then execute on the judgment and begin collections. You can lien property, garnish wages, collect on a checking or savings account, etc.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Jonathan Barletta

Jonathan Barletta

Posted

I agree with Attorney Buzunis. However, in MA the courts notify parties regarding the entry of Judgment. Once Judgment enters, you can then request an Execution, which you seem to have done. You can now begin post-Judgment collection. I along with the others would suggest Supplementary Process and see how that goes. My firm can help you with that...feel free to e-mail me and we can set up a time to chat!

Posted

I agree with my colleague, and would recommend supplementary process. After the financial examination, the Court may order a payments schedule, which can be enforced through an execution of wages. If that is not available, there are others means of enforcing the payment schedule ordered by the Court, including a civil arrest warrant called a capias. You should consult a lawyer to help you understand your options. Best of luck.

This answer is for general informational purposes only and does not create an attorney-client relationship.

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Posted

I agree with my colleagues, I think Supplementary Process is the way to go. You might want to hire an attorney to help you out with the process if you have never done it before.

The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Attorney Samiotes is licensed to practice in Massachusetts, the Federal District Court of Massachusetts, and the Court of International Trade. Most initial consultations are free. Further information is available on my profile and at http://www.bjgalaw.com/.

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Posted

Congratulations. You should speak with an attorney on the best way to collect against your tenants. Consideration should be given to whether your ex-tenants now own any real estate, cars, accounts, or are employed. The best course of action is the one that is most likely to result in payment by the ex-tenants.

Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. If you would like an attorney with Vaughn-Martel Law to review your specific situation and provide you with legal options or information specific to you, you may schedule a telephone or office by calling 617-357-4898 or visiting us at www.vaughnmartel.com. Our office charges $100.00 for a consultation, and applies your consultation fee to your first bill if the Firm is hired to perform further work.

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