Legal Question in Consumer Law in Massachusetts

Long story short: I purchased a sidecar for my motorcycle. The company sent me the wrong frame. The owner said he would not refund my money. I sent out a legal notice giving him 30 days to pay. He did not respond. Next step is to file a law suite seeking triple the damages plus court costs and attorney fees. My question is: when I win, how do I get paid? I don't want a moral victory. Thanks, Arty


Asked on 1/15/12, 8:38 am

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

If, and when, you win and obtain a judgment you must obtain an execution from the court which you can levy as a lien against any real estate you find the defendant owns or which you may file in the District Court where the defendant resides or does business together with an application for supplementary process which is a separate action whereby you summons the judgment debtor before the court to be examined by you or your attorney to ascertain their ability to pay the judgment seeking an order from the court for payment to the extent the court finds they have non exempt property from which to pay.

It would behoove you to do an asset search of the defendant BEFORE you even go to all this expense. Good Luck!

Read more
Answered on 1/16/12, 8:59 am


Related Questions & Answers

More Consumer Law questions and answers in Massachusetts