Legal Question in Credit and Debt Law in Massachusetts

Collection on a tort judgment

Our small firm recently won an ADA lawsuit against an S-Corp. We are in the process of collecting on the judgment. We'd like to work with (not against) the defendants to get our money. They have agreed, as part of the judgment, to give us a blanket chattel mortgage on some trailers they own in various states. Has anyone done this kind of transaction? Is there a more efficient, effective way of getting our money?


Asked on 8/07/07, 10:59 am

2 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Collection on a tort judgment

The main methods of executing on a unsatisfied judgment within the Commonwealth of Massachusetts are; 1) motion for trustee process ( or reach and apply pursuant to Massachusetts General Laws Chapter 214, Section 3) against any and all goods effects or credits in the hands of a third party and which are owed the judgment debtor ( see Massachusetts Rules of Civil Procedure 4.2), 2) attachment against any and all non exempt tangible personal property of the judgment debtor ( see Massachusetts Rules of Civil Procedure 4.1 & Massachusetts General Laws, Chapter 223, Section 42), 3) attachment against any and all real property of the judgment debtor( see Massachusetts Rules of Civil Procedure 4.1 and Massachusetts General Laws Chapter 223, Section 42), 4) garnishment of intangible property of the judgment debtor ( see Massachusetts General Laws, Chapter 214, Section 3), 5) keeper attachment and 6) receiverships ( see Massachusetts Rules of Civil Procedure 66). So, to answer your question, yes, there are numerous effective methods of satisfying your judgment. Further, there are many creative voluntary methods of working with the judgment debtor if you'd prefer a less adversarial approach. This is a very complex area of the law and I would urge you to seek the advice of an experienced ,licensed attorney. Please feel free to contact my office for a free consult.

Read more
Answered on 8/07/07, 4:02 pm
Michael Baldassarre Law Office of Michael J Baldassarre

Re: Collection on a tort judgment

There are several ways to collect upon a judgment. Perhaps there is property that is much more valuable to attach than some trailers. I would recommend a mortgage on real property as a first option. As for obtaining a security interest in personal property such as trailers, I have done these transactions in the past and can help if needed.

Read more
Answered on 8/08/07, 8:23 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts