General Laws of Massachusetts - Chapter 235 Judgment and Execution
- Massachusetts General Laws - Repealed, 1973, 1114, Sec. 217 - Chapter 235, Section 1
Repealed, 1973, 1114, Sec.
- Massachusetts General Laws - Repealed, 1975, 377, Sec. 114 - Chapter 235, Section 2
Repealed, 1975, 377, Sec.
- Massachusetts General Laws - Entry of judgment in district courts; summary process - Chapter 235, Section 3
District courts may by rule establish the time for the entry of judgment in actions of summary process under chapter two hundred and thirty-nine which...
- Massachusetts General Laws - Judgment nunc pro tunc - Chapter 235, Section 4
Every judgment or order of the supreme judicial, superior or land court shall bear date of the year, month and day when entered; but the...
- Massachusetts General Laws - Repealed, 1975, 377, Sec. 115 - Chapter 235, Section 5
Repealed, 1975, 377, Sec.
- Massachusetts General Laws - Judgment on default; several defendants - Chapter 235, Section 6
In an action against two or more defendants upon a contract express or implied, the plaintiff shall be entitled to judgment against such defendants as...
- Massachusetts General Laws - Judgments against defaulting defendants; separate executions - Chapter 235, Section 7
If in such action any defendants are defaulted, and upon trial any of the others are found liable, the court shall render judgment both against...
- Massachusetts General Laws - Interest on judgments; warrant or execution - Chapter 235, Section 8
When judgment is rendered upon an award of county commissioners, a committee or referees, or upon the report of an auditor or master, or upon...
- Massachusetts General Laws - Judgment for penalty forfeited - Chapter 235, Section 9
If in an action for a breach of the condition of a bond, or to recover a penalty for the non-performance of a covenant, contract...
- Massachusetts General Laws - Judgment for penal sum; amount of execution - Chapter 235, Section 10
The court shall award an execution for so much of the penal sum as is then due and payable in equity and good conscience for...
- Massachusetts General Laws - Further damages; remedy - Chapter 235, Section 11
If a further amount afterwards becomes due on such bond or other contract, the plaintiff, his executor or administrator may by a motion in the...
- Massachusetts General Laws - Proceedings in actions for further damages - Chapter 235, Section 12
The amount due in such action shall be determined and execution awarded in the same manner as in the original action; and such proceedings may...
- Massachusetts General Laws - Actions for damages instead of penalty - Chapter 235, Section 13
The four preceding sections shall not prevent a person from bringing an action for the breach of a covenant or other contract, instead of suing...
- Massachusetts General Laws - Executions in actions on judgments - Chapter 235, Section 14
(a) If a judgment is rendered for the plaintiff by a court in an action founded on a judgment rendered by a court outside of...
- Massachusetts General Laws - Action in erroneous venue; execution - Chapter 235, Section 15
If judgment is rendered in a local action brought in an erroneous venue, the court shall cause its writ of possession or other writ of...
- Massachusetts General Laws - Execution not to issue until appellate review exhausted - Chapter 235, Section 16
No execution shall issue upon a judgment until the exhaustion of all possible appellate review thereof, and the receipt by the clerk of the trial...
- Massachusetts General Laws - Executions; time for issuing; successive executions; entry of satisfactions - Chapter 235, Section 17
An original execution shall not issue after the expiration of one year after the party is first entitled to take it out; and an alias...
- Massachusetts General Laws - Executions of district court; where enforceable - Chapter 235, Section 18
Executions issued by a district court may be served and shall be obeyed in every county to which they are directed.
- Massachusetts General Laws - Unsatisfied judgments; expiration of time for taking out executions; remedies - Chapter 235, Section 19
If a judgment remains unsatisfied after the expiration of the time for taking out execution thereon, the creditor may obtain a new execution by motion...
- Massachusetts General Laws - Erroneous levy; new execution; motion - Chapter 235, Section 20
If an execution is returned satisfied in whole or in part by the sale of property not liable to such execution, and if damages are...
- Massachusetts General Laws - Erroneous levy on member of corporation; subsequent proceedings - Chapter 235, Section 21
If an execution against a corporation is satisfied in whole or in part by service or levy on the person or property of a member...
- Massachusetts General Laws - Forms of execution - Chapter 235, Section 22
The forms of execution shall be the same as have heretofore been established by law and the usage and practice of the courts. Executions issued...
- Massachusetts General Laws - Execution on judgments against fiduciaries, sheriffs, etc.; execution for possession of rented or leased dwelling - Chapter 235, Section 23
Original executions issuing on judgments against executors, administrators, trustees and other fiduciary officers in their representative capacity, including any such original execution running against two...
- Massachusetts General Laws - Recognition and enforcement; definitions - Chapter 235, Section 23A
Except as hereinafter provided, any foreign judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it...
- Massachusetts General Laws - Successive executions on unsatisfied judgments; remedies - Chapter 235, Section 24
If a plaintiff would be entitled to a judgment or a decree, except for the bankruptcy or insolvency of the debtor or his discharge therein,...
- Massachusetts General Laws - Special judgment where insolvent, etc., has given bond to dissolve an attachment - Chapter 235, Section 25
If a plaintiff would be entitled to a judgment or decree except for the bankruptcy or insolvency of a defendant, or his discharge therein, who...
- Massachusetts General Laws - Petitioner for review adjudged bankrupt, etc.; special judgments - Chapter 235, Section 26
The court may enter a special judgment, with like effect, if a defendant who petitions for a review is adjudged a bankrupt, or a warrant...
- Massachusetts General Laws - Set-off of execution generally; exceptions - Chapter 235, Section 27
Executions between the same parties may, if required by either party, be set off one against the other. In such case, the debtor in an...
- Massachusetts General Laws - Service; executions in the alternative - Chapter 235, Section 28
If an execution is in the alternative, so that it may be lawfully served in any of two or more ways, the creditor or his...
- Massachusetts General Laws - Land; personal property - Chapter 235, Section 29
If the creditor directs an officer to levy his execution on land, the officer shall serve it as provided in the following chapter. If he...
- Massachusetts General Laws - Levy on corporate property - Chapter 235, Section 30
An execution against a corporation, if levied upon its property, shall be levied in the same manner as other executions.
- Massachusetts General Laws - Property liable to execution - Chapter 235, Section 31
All property which by common law is liable to be taken on execution, may be taken and sold thereon, except as otherwise expressly provided.
- Massachusetts General Laws - Current coin - Chapter 235, Section 32
Current gold or silver coin may be taken on execution, and may be paid to the creditor as money collected.
- Massachusetts General Laws - Bank notes - Chapter 235, Section 33
Bank notes and all other bills or evidences of debt, issued by a moneyed corporation and circulated as money, may be taken on execution and...
- Massachusetts General Laws - Property exempt from execution - Chapter 235, Section 34
The following property of the debtor shall be exempt from seizure on execution: First, The necessary wearing apparel, beds and bedding for the debtor and...
- Massachusetts General Laws - Annuities, pensions, profit sharing or retirement plans; insolvency; attachment - Chapter 235, Section 34A
The right or interest of any person in an annuity, pension, profit sharing or other retirement plan subject to the federal Employee Retirement Income Security...
- Massachusetts General Laws - Indemnification of officer - Chapter 235, Section 35
If there is reasonable doubt as to the ownership of personal property or as to its liability to be taken on execution, before or after...
- Massachusetts General Laws - Sale of personalty on execution; costs - Chapter 235, Section 36
Personal property seized on execution shall be safely kept by the officer, at the expense of the debtor, for four days at least; and shall...
- Massachusetts General Laws - Notice of sale - Chapter 235, Section 37
The officer shall give notice of the time and place of sale by causing notices thereof to be posted forty-eight hours at least before the...
- Massachusetts General Laws - Property valued in excess of three hundred dollars; notice of sale - Chapter 235, Section 38
If the value of such property to be sold exceeds three hundred dollars, the officer shall, at the request of either party, give notice of...
- Massachusetts General Laws - Adjournment of sale; notice - Chapter 235, Section 39
If, at the time appointed for the sale, the officer considers it for the interest of all persons concerned to postpone it, he may adjourn...
- Massachusetts General Laws - Adjournment upon injunction - Chapter 235, Section 40
If a sale of such property on execution is enjoined, it may be adjourned by the court granting the injunction to await further order of...
- Massachusetts General Laws - Failure of highest bidder to purchase; re-sale - Chapter 235, Section 41
If the highest bidder for an article at such sale refuses to take and pay for it, the officer shall sell it again by auction,...
- Massachusetts General Laws - Return of execution; liability for fraud - Chapter 235, Section 42
The officer making such sale shall in his return of the execution particularly describe the property sold and the amount for which each article was...
- Massachusetts General Laws - Proceeds of sale; disposition - Chapter 235, Section 43
The officer shall apply the money arising from the sale to paying the charges and satisfying the execution, and shall return the residue, if any,...
- Massachusetts General Laws - Proceeds of sale; disposition among several creditors - Chapter 235, Section 44
If the property sold on execution has been attached by another creditor, or seized on another execution, either by the same or another officer, or...
- Massachusetts General Laws - Successive attachments; notice; liability of attaching officer - Chapter 235, Section 45
If an attachment or seizure on execution is made of any property which may be attached without taking and keeping the exclusive possession thereof, and...
- Massachusetts General Laws - Nature of term for years; levy; notice of sale - Chapter 235, Section 46
Terms for years, if the original lease was for one hundred years or more, and fifty years or more thereof remain unexpired, shall be regarded...
- Massachusetts General Laws - Suspension by prior seizure - Chapter 235, Section 47
If personal property has been seized on execution, and the further service of the execution is suspended by reason of a prior attachment or seizure...
- Massachusetts General Laws - Liability of property not sold on prior seizure; service of execution - Chapter 235, Section 48
If such property is sold in part under the prior attachment or seizure, or if that attachment or seizure is dissolved, the property or any...
- Massachusetts General Laws - Death, etc., of officer beginning levy or service; completion of service; certificates - Chapter 235, Section 49
If an officer, who has begun to serve an execution or other writ or process, dies or becomes incapable of completing the service and return...
- Massachusetts General Laws - Removal of officer after beginning of levy - Chapter 235, Section 50
If an officer has begun to serve an execution, he may complete the service and return thereof, although he is removed from office or although...
- Massachusetts General Laws - Death of party; completion of service - Chapter 235, Section 51
If either party dies after any property, real or personal, has been seized on execution, the service thereof may be completed in like manner and...
- Massachusetts General Laws - Detaining money collected on execution; penalty - Chapter 235, Section 52
An officer who, upon demand by the creditor, unreasonably neglects to pay money collected by him on execution shall forfeit to the creditor five times...
Last modified: September 11, 2015