Legal Question in Credit and Debt Law in Massachusetts
Collecting my Small Claims Judgment
Okay, I won my small claims appeal, received a judgment, and I have (in my hot little hand) an "execution." But I don't have a clue as to what to do with this, and the guy at the court just got me confused. HELP!
1 Answer from Attorneys
Re: Collecting my Small Claims Judgment
This might be the time to call a lawyer. We call the lawyers who specialize in collection "leg-breakers" but it's just an inside joke. We're not physical!
She or he will ask you some questions. Do you know of any assets you can attach to collect? A good car worth more than the amount of the loan still owed on it? Does that person own a house? "How?" How do you know? Do you happen to know where s/he banks?
How much is your judgment for?
If there are no assets, but perhaps only a salary to attach, you'll probably need to start a new action called a "Show Cause" action. This costs perhaps another $60 to file and it entails you dragging the person back into court to explain to a judge why he hasn't paid yet, and the judge asks probing questions about assets and income and can issue all kinds of orders. Failure to appear before the judge can result in arrest.
You can write to me with answers (to ALL my questions, please) at [email protected] if you like. Where is this person located?
Also, if you JUST got your judgment and execution, be sure to wait 30 days unless you think the person will spirit away assets by dark of night or leave the state.