Enforcement of Judgments,
Domestic and Sister State

I regularly undertake the enforcement of Judgments both domestic (Massachusetts) and from sister states which are sometimes called "foreign" although they relate to other states and not foreign countries. I also undertake the enforcement of judgments from foreign countries. The key is to find and attach assets that can be liquidated. Enforcing a judgment might entail attaching assets held in trust and/or assets that may have been fraudulently conveyed to a third party. If the debtor is owed money by a third party residing or doing business in Massachusetts, one might move to "reach and apply" the debt. The debt might consist of an obligation under a Note. Or, perhaps the debtor has a claim against a Massachusetts party, either liquidated or unliquidated. One can obtain ex parte (without notice) relief against third-party assets, either by way of attachment or injunction, in the proper case.

Once demand is and/or suit is instituted, the debtor may decide to pay, or conversely, to ignore the collection proceedings, seek to evade service of process, or hide assets. This is the type of work where adherence to the 3 P’s, patience, persistence and perspiration can pay off. Once the debtor gets the idea that you are not going away or giving up, he may change his attitude. While you can’t go to jail for failing to pay a debt in Massachusetts, you can go to jail for failing to show up in court to give testimony as to your ability to pay a debt. It takes time and effort, but arresting a debtor may have a positive effect on the outcome of a collection claim.

Click to return to Enforcement of Judgments page