Small claims court against Condo Association who owe money and ignoring request

If you have filed in small claims court and a representative for the condo association has not shown up on the date of hearing, then you can ask the clerk magistrate conducting the small claims hearing for a default against the defendants.

This response is provided for general, informational purposes only and does not create an attorney/client relationship. It is recommended that you speak to an attorney for specific legal advice regarding your situation.

If a defendant does not appear for a Small Claims trial before the Clerk Magistrate and the court's file shows that the defendant was served with the Notice of Small Claims (i.e. the mailing was not returned) then the defendant will be defaulted and a default judgment will enter. Small Claims judgments usually include an order to the defendant to pay the judgment and a payment review date where both parties will need to return to court if payment was not made. If payment has not been made the plaintiff can inquire as to the financial situation of the defendant and seek an order or agreement that the judgment be paid in full by a certain date or monthly payment be made. Review the language of the judgment to be confirm the order was included. The order and payment review date are usually scheduled for 30 (thirty) days after the judgment enters.

If the defendant does not appear at the payment review hearing the court should have issued a capias, or civil arrest warrant. The plaintiff will need to arrange for service of the capias, by a sheriff or constable, upon the defendant. The sheriff or constable will attempt to have the defendant appear, or surrender, on a specific date to make payment arrangements with the plaintiff. The plaintiff can request that the defendant be physical arrested by the sheriff or constable and brought to the court. The plaintiff will have to pay the sheriff in advance for these services, but the costs will be added to the judgment amount owed by the defendant.

Alternatively, the plaintiff can request that the court issue an Execution. The Execution will need to be served by a sheriff or constable demanding that it be satisfied (paid), or to levy (seize) real and/or personal property of the defendant to be auctioned, with the proceeds be applied to the judgment. State law exempts from seizure certain property of a defendant. If the defendant fails to satisfy the execution on demand, and there is no property to levy (seize) there are other options, however they may not be cost effective for a Small Claims judgment.

If you are representing yourself, speak to the Civil Clerk's office where the case is pending. They cannot offer legal advice, but can often advise you as to what the process, or next step need, is. You can also find information about the Small Claims process here: http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html