Legal Question in Credit and Debt Law in Massachusetts
i have won a judgement agaist some one for 30,000 they can not pay but own a home how quickly can i take that home away from them after this judgement...this is in massachusetts
3 Answers from Attorneys
It depends on what encumbrances (mortgages, liens, homestead, etc.) precede your lien. Feel free to contact me.
You need to wait until after the expiration of the other party's appeal period before you can request an execution. As the other attorney said, whether you can take their home depends on whether there is any equity in the home, whether the home is protected by homestead, etc. Please feel free to contact us if you need the assistance of an attorney. Good luck!
If the time for them to file an appeal (usually 10-30 days) has expired without an appeal by them, you can apply for an execution which you can give to a sheriff to levy as a lien against whatever equity they have in the property assuming they hold title to the property in the same name as that on your judgment.
If there is sufficient equity not protected by a homestead, a sheriff could potentially force a sale within 90 days after making demand upon such a levy.
You might want to retain an attorney to assist you with this, as there is an alternative method whereby you could also file a Supplementary Process action to examine the judgment debtor as to their ability to pay, short of forcing a sale of their home.
Good Luck!