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How do I have in the state of massachusetts to file for a…

Hi! How long do...

Hi! How long do I have in the state of massachusetts to file for a writ of execution after a judgement?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Massachussets

Lawyer's Assistant: Has anything been filed or reported?

A judgement has been issued in my favor, however it was in 2012

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3/7/2018
DamienJD
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 4 months ago
OK thank you.

You still have time. 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. This means that the winning party has 20 years to pursue collection by means of bank account levy, real property liens and property seizures.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
I know that judgement are enforceable for 20 years, but I read online that the original writ of execution has to be filed within a year. I did not do that. Can I still file for one?

I am not sure where you read that. Let me check....

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Okay. Here is the section that states one year.

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 or other successive execution shall not issue after the expiration of five years from the return day of that which preceded it. Subject to section twenty of chapter two hundred and sixty, alias or successive executions shall be of full force and effect for five years from the date thereof unless satisfied in whole or discharged by law. All executions shall be returned to the court issuing them within ten days after their satisfaction or discharge. If any execution is returned for any reason to the court issuing the same unsatisfied in whole or in part, the court may, subject to the provisions of this section, order the issue of a new execution for the amount then remaining due

If an execution having been satisfied in full or discharged by law is not returned within ten days thereafter with an endorsement showing such satisfaction or discharge or is returned without such endorsement the court issuing it may upon motion of the judgment debtor or any person in his behalf order it to be returned or the proper endorsement made thereon, as the case may be. The court may order the return of an execution and the endorsement of any partial satisfaction thereon. The fact of a return of an execution and its satisfaction shall be entered upon the records of the court.

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Customer reply replied 4 months ago
does that mean I can no longer obtain one?

Possibly, this section could apply to request more time.

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 to the court in which such unsatisfied judgment was rendered, or he may at any time after the judgment, subject to section twenty of chapter two hundred and sixty, bring a civil action thereon.

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Customer reply replied 4 months ago
My best bet would be just going to the court house then?

Possibly, you would first check with the Sheriff regarding the writ if you have not done so already. The Sheriff may have some insight since they are doing this all the time.

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