Legal Question in Civil Litigation in Massachusetts

Re: Can assets be attached?

Simple answers (oversimplified!) to your four questions: yes, yes, yes, and yes.

I'm also such an artist, in Newton, Mass. (Eastern Mass. only). Let me know if I can assist.

Re: Can assets be attached?

Under Massachusets law, tenancy by the entirety the commonly used husband/wife ownership created prior to 1984, the wife's interest could not be attached, seized or levied upon or sold involuntarialy by reason of a adverse non governental lien or attacment.

If your judgment runs against the male only, then

again the wife's interest cannot be disturbed.

If the Defendant has filed a homestead in Massachsuetts, be careful since udner the age 60

$100,000 in equity is exempt from attachment, seizure, levy or sale. If over the age of 60 then $200,000 is protected. Current rules say equity and that is the amount over current liens to market value.

If there was a transfer WITHOUT ADEQUATE CONSIDERATION< within 6 years of the current date

then you may have claim to reverse the transfer

if the transfer qualifies as a fraudulent transfer.

As to a corporation, if your judgment runs against the corporation, they you can levy, attached or seize its real estate. If it does not you cannot uless the corporation obtained its property from your defendant WITHOUT ADEQUATE CONSIDERATION. and the tranfer qualifies as a fraudulent transfer and the statute of limitations has not run

As the to trust, the rules are essentially the same as as a corporation.

If you are planning a post jdugment attack to collect your judgment, make sure of your facts before you do anyting. If you are wrong, or if there was no basis for the attack against a third party you could find your self as defendant on a variety of civil complaints. Ignorance of the true facts will not be a defense.

This may be an area where a competent attorney who has substanial experience in post judgment proceedures (not all attorneys practice in this area) may well be the appropraite course of action. Even then you may be involved in long and bitter litigation before you see any money if ever.

Good luck

Re: Can assets be attached?

Your question is far-too-multifaceted to be answered in a typed post.

Collecting money which is held in a name other

than that in which the judgment is held is almost an

artform. Call me, at 978-474-0833, I'm an "artist."

Re: Can assets be attached?

It may be possible to call back fraudulent transfers. The person you seek to collect against seems to know some tricks. It may be expensive to get money out of them but you seem to have gone a lot of the way if you already have a judgment for damages and attorney's fees.

Charles W. Cobb

www. massachusettslawyer.net

Re: Can assets be attached?

A judgment is valid for 20 years in Massachusetts, unless discharged in Bankruptcy.

There are several ways, to collect on a judgment. First, you can attach all real property

held by the defendant by way of a levy and suspension. This is true even if he owns the property jointly with his wife.

The lien will prevent him from selling the property or refinancing. See an attorney for advice on how to do this.

You can also file a Supplementary Process in which he would have to show up in court and submit to a debtor's examination

and explain why he cann't make payments on the debt.

You may be able to call back transfers made

without consideration as fradulent.

This may be difficult however.

As a general rule, you cannot attach property held

in trust unless you have a judgment against the trust.

You may ( or may not) be able to get at his beneficial interest

in the trust however. I would have to see a copy of the trust .

From the facts you have given me, it shoulds like an experienced attorney

may be able to collect all or some of your judgment.

If you have any questions, please feel free to call.

I may be willing to take this case on a contingency fee basis.

You should act fact, each day that goes by he is making himself

more and more judgment proof and maybe setting himself up to file for bankruptcy.

Call if you need help (978) 465-5158.