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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15984
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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what is the difference between a writ of attachment and an

Customer Question

what is the difference between a writ of attachment and an execution in massachusetts
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

WALLSTREETESQ :

A Writ of Attachment is the legal process of seizing property to ensure satisfaction of a judgment, it is a Court approved document by which a seizure may be made against your property this is called a writ of attachment or an order of attachment.

WALLSTREETESQ :

The execution in Mass is similar it is the actual process of the property being taken,

WALLSTREETESQ :

"executing judgment," this is when you take (or levy) some of the debtor's
property or assets to pay what he owes, from a Court Judgment,

WALLSTREETESQ :

The difference in Mass is that a Judgment is not needed for a writ of attachment,

WALLSTREETESQ :

a Judgment is needed for an execution

Customer:

a creditor put a writ of attachment against my residence then put an execution on my investment property - what is the difference? I was going to file chapter 7 if these "attachments" expired in a few years but do I have to file chapter 13 because these "liens" are permanent?

WALLSTREETESQ :

Was their a Judgment ever issued against you?

Customer:

yes but now they have a date for a motion for real estate attachment

WALLSTREETESQ :

Massachusetts judgments are enforceable for 20 years. They can be renewed for
another 20 years if you notify the court that the judgment has not yet been
satisfied.

Under Massachusetts law to keep a
judgment alive, the creditor must get a Writ Of Execution (WOE) from the court, within
one year,

WALLSTREETESQ :

So the execution has to be placed on any property they have attached eventually,

WALLSTREETESQ :

If an execution is granted by the Court the creditor has permission to lien the property or even sell the property.

WALLSTREETESQ :

In Mass the attachment comes first, and after a Judgment is issued the execution is given to take the property,

WALLSTREETESQ :

In your case, I would consider a bankruptcy to remove the judgments, as you do not want Liens attached to properties as liens are difficult to be discharged in bankruptcy

Customer:

Ok I almost understand but the creditor put an execution on 12/10/12 on my investment property and a writ of attachment on my home and the investment property on 1/18/13 and the court date for motion for attachemnt is in a few days - it seems the execution is the cart before the horse

Customer:

how long does it take the writ of attachment to expire?

WALLSTREETESQ :

From my review of Mass collections law, the writ of execution is the only document allowing the creditor to take the property and sell it,

WALLSTREETESQ :

Massachusetts Civil Procedure Rule 70: Judgment for Specific Acts: Vesting Title



[Disclaimer]


If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the Commonwealth, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk.

WALLSTREETESQ :

The writ of attachment you are discussing is limited to the above Mass law,

WALLSTREETESQ :

It seems in limited collections the writ of attachment must be filed to transfer title, or to force you to change tile to allow a lien on title,

WALLSTREETESQ :

The writ would allow a sale, a writ of attachement would allow a transfer

WALLSTREETESQ :

On application of the party entitled to performance, the clerk shall issue a writ of attachment against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the Commonwealth, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk.

WALLSTREETESQ :

It is complicated,

WALLSTREETESQ :

The major issue is that the attachment on property can force a title change, and the execution can force a sale,

WALLSTREETESQ :

So having both would mean they are asking for a transfer of title and sale,

WALLSTREETESQ :

they may be trying to cover all their basis.

WALLSTREETESQ :

bases.

Customer:

So if I file chpater 7 before the writ of execution will the writ of attachment just go away with the judgment or will it expire in (some number of) years or must I file chapter 13 to avoid the lien

WALLSTREETESQ :

If you file a bankruptcy the writ would not be issued,

WALLSTREETESQ :

and removed due to the automatic stay,

WALLSTREETESQ :

a chapter 7 would discharge the judgment and writs

WALLSTREETESQ :

a chapter 13 may be filed and if no lien was placed on your property the attachment would be removed,

WALLSTREETESQ :

if a lien was already placed, it will be a proble,

WALLSTREETESQ :

problem

WALLSTREETESQ :

I would not wait, if you need more time, consider filing a chapter 13 to stop the writs from being litigated,

WALLSTREETESQ :

and let the chapter 13 be dismissed after two to three months,

WALLSTREETESQ :

and refile after 6 months or a year,

WALLSTREETESQ :

the automatic stay will be given and last for atleast 6 months, even if you do not follow through with the chapter 13.

WALLSTREETESQ :

That may be your best option to give you time,

Customer:

Thank you - best $38 dollars spent

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15984
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you

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