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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111487
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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On 5/28/13 I was served with a summons in the Comm of Mass.,

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On 5/28/13 I was served with a summons in the Comm of Mass., and was given 20 days to answer complaint. On 6/4/13 the Comm of Mass, issued a Writ of Attachment, that was 7 days after service?
By my calculations I have until June 17th to respond. Were my rights as a defendant violated? If so,
what is my recourse? Thanks you.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

For what reason was the writ of attachment issued?

What are you being sued for?
Customer: replied 3 years ago.

Motion for Attachment of Real Estate and Complaint to Enforce Judgement


from a Florida Court.

Thank you for your response.

Something does not make sense here (realize I am at the mercy of only the details you have provided and cannot see the court files or records to see what actually happened and my answer is based only on what you have told me). If they filed a petition to recognize foreign judgment, they could not get a writ of attachment on the FL judgment until the MA court recognized the foreign judgment. Thus, if the FL judgment was not yet recognized the writ of attachment should be invalid and your next step is to not only file your answer to the suit to recognize foreign judgment, but also file a motion to vacate writ of attachment based on the argument that the judgment was not recognized in MA for the MA court to be able to issue a writ to enforce that judgment.

So you have a two step process here in filing both your answer by 20 calendar days of service and also filing a motion to vacate the writ as being entered prematurely before judgment was even recognized.



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