Legal Question in Civil Litigation in Massachusetts

collecting on a judgement

I had a judgement awarded in 1993. I've never collected on this judgement because the business had closed shop and the owner was gone by the time we got a court date (almost 7 years later)It was for about 30K. I have since found this man and he now owns some property. Can I go after him personally if he was the owner of the business. If it was XYZ auto sales that I sued and he is Mr XYZ. I have tried to find out from MA the details of how this business was listed with them, but no one has gotten back to me. I would really like to make this man pay up. Where should I with this to find out more info about this business and if I can go after him. thanks for your help.


Asked on 4/12/04, 11:25 am

3 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: collecting on a judgement

To find out if company incorporated, contact the City Hall where it operated and see if it filed a d/b/a certificate. Also contact the MA Secretary of State office to ask if company incorporated.

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Answered on 4/12/04, 11:46 am
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: collecting on a judgement

The corporate papers are all online.

A judgment is good for TWENTY years.

Yes, you can go after him personally.

His former corp was probably just his alter ego.

We call it "piercing the veil" . . . the corporate veil.

At 12 percent statutory interest, your $30,000 judgement doubled 6 years later and has picked up still another $10,000 in interest in the next two years.

Surely you should be able to find a collection attorney to collect $70,000+ for you.

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Answered on 4/12/04, 12:17 pm
Joseph Murray Joseph M. Murray, Esq.

Re: collecting on a judgement

If the auto sales was a corporation and your jusdgment is against the corporation you would have to "pierce the corporate veil" or produce evidence that Mr. XYZ wrongfully absconded with assets of the corporation when he "went out of business". You can only collect against him personally if your judgment is against him personally. Seek out a collection attorney and provide the attorney with all the facts.

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Answered on 4/12/04, 1:18 pm


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