How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 41035
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

I am going file a writ of execution in the state of Massachusetts.

Resolved Question:

I am going file a writ of execution in the state of Massachusetts. I am going to go after the judgement debtor's motor vehicle. Does the debtor have to be actually served or if he is not home can they just leave the paperwork and take the vehicle?
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
Thanks for your question.Here is the information you requested here.

Obtain a Writ of Execution. This is an attempt to levy some part of the debtor’s property and is issued 15 business days after the date of judgment at the request of the plaintiff. Some examples of property that can ordinarily be levied in this way are:

• Money in a deposit account
• Personal property
• Motor vehicles owned by the debtor
• Money/assets to which he is entitled due to the death of a friend/relative

If a creditor knows the location of any of these assets (or may be able to find out their location), then requesting a writ of execution from the court is often very helpful. Once a writ of execution (specifying the property to be levied) is granted:

1. The creditor must bring this writ to a constable, sheriff or other “levying officer.”
2. The creditor must also give the constable/sheriff information on the location of the assets to be levied.
3. The constable/sheriff must then serve, in person, the writ of execution to the debtor and collect the property specified in the writ. This property will be kept in the sheriff/constable’s safekeeping for a period of time.
4. If the debtor does not file a “claim of exemption” (which he is entitled to do), then the sheriff will either turn the money directly over to the creditor (in the case of cash assets) or sell the assets (i.e. a car) and return the proceeds to the creditor.
Customer: replied 7 years ago.
so...I guess my question is what if the person is not a home but the vehicle is there?.can the sheriff take the property and leave the paper work?
Expert:  Ray replied 7 years ago.
Yes they will leave the writ and take the car.You are correct.
Expert:  Ray replied 7 years ago.
Yes they will leave the writ and take the car.You are correct.
Ray and other Legal Specialists are ready to help you