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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118237
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

On 5/28/13 I was served with a summons in the Comm of Mass.,

This answer was rated:

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 4 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.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and other Real Estate Law Specialists are ready to help you