September 3, 2024
As post-judgement collection varies state-by-state, knowing how and when you can collect in your state is paramount. This post will tackle post-judgments in Massachusetts. Judgments in Massachusetts are valid for twenty (20) years from the date of issuance. At the end of the 20-year period, there is a presumption that the debt has been satisfied. However, if the debt is still owed at the end of twenty (20) years, a judgment creditor may move the Court to extend the judgment.
The first step following the issuance of a judgment in a creditor’s favor is to request the original execution from the Court. Pursuant to M.G.L. c. 235, § 17, an execution on a judgment cannot be issued by the Court as a matter of right more than one (1) year after the judgment issues. If a creditor fails to timely request the execution, the creditor will have to file a motion for the issuance of an execution which is at the discretion of the Judge hearing the motion, but subject to the “level of process and judicial scrutiny commensurate with our motion practice.” First National Bank of Boston v. Bernier, 50 Mass.App.Ct. 756 (2001). See also, M.G.L. c. 235, § 19.
In the event a Court has already approved a real estate attachment in favor of the creditor that was recorded in the Registry of Deeds, the resulting execution must be recorded within thirty (30) days of its issuance in order for the execution to date back to the attachment’s lien position. If the original execution is lost, the creditor can move for the issuance of an alias execution in order to pursue collection remedies. M.G.L. c. 235, § 17.
An original execution is needed to take any of the following post-collection actions: (1) record and/or levy against any real property owned by the defendants; (2) to file a supplementary process action to obtain an order for payment from the Court; (3) a bank attachment and/or wage garnishment; and/or (4) to domesticate your judgment in a foreign jurisdiction.
After a creditor has paid all of the amounts owing under the judgment, including interest at a rate of 12% per year, the original execution must be returned to the Court as satisfied within ten (10) days pursuant to M.G.L. c. 235, § 17. If the Execution is not available for return, a party can file a discharge of judgment in its place, but it should also be filed within ten (10) days of satisfaction of the judgment and execution.