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What happens to hearing that says motion to issue execution on judgment that entered on 02/11/11

Springfield, MA |

This I believe is regarding a debt collection.

Attorney Answers 3

Posted

It means that there is a record of a judgment against you. There was a lawsuit filed against you and you lost in 2011. If a judgment is not enforced within a year then they have to file a motion to re-execute the judgment. That’s what this is.

There is not much you can do at one of those hearing unless you can show that you’ve already paid the judgment or that you are not the actual person on the judgment.

If you want to fight the judgment you can make a motion to set aside the judgment and reopen the case, but you need grounds, such as never being given notice of the lawsuit. A bankruptcy would also discharge the judgment.

Talking to a debtors’ right attorney can help you explore your legal options as well as discuss possibilities of negotiating a lower payment.

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3 lawyers agree

Posted

G.L. c. 235 sec. 17 says an original execution shall not issue after one year from the date of judgment. You may be able to prevent this execution from entering if you oppose it. They will then have to start over with a new lawsuit.

Attorney Mike Tremblay www.attorneytremblay.com 508-485-4500

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Posted

Once the execution is issued, the sheriff or constable will be able to seize or put a lien on any valuable property you have in order to pay the judgment. Often, judgment debtors don't have any such property, or whatever they have is within the limits of the "exemption" laws. The fact that this creditor is going to the trouble of asking for a new execution may indicate that they have learned you have non-exempt property that can be taken to satisfy the judgment. If you don't know whether your stuff is exempt or not, or if you do have liquid assets and want to negotiate with the judgment creditor for a less painful way of making payments, you may want to consult a local attorney.

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