Legal Question in Civil Litigation in Massachusetts

I sued and won a small claims case. A payment plan was set up and the defendant stopped paying, so we went back to court and all they did was set up another payment plan. Finally when he stopped paying that, a capias was issued. So we went to court with the paper arrest warrant he was issued and all they did now was set up another payment plan. Sure enough, he stopped paying on that, so we went back to court. They set up another payment plan (see a trend here?). He stopped paying. So now we have a court date with another payment review and I want to know what I can do because obviously he is not paying no matter how many times I set up a payment plan, and I live in CT, he lives in MA, which is where I filed the suit. So now I am missing massive amounts of time from work too, not to mention gas money. Can I have him physically arrested and can I sue for lost wages?


Asked on 3/18/13, 6:30 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Winning your case is only half the battle, as you know. It can be quite frustrating, and you may want to change your strategy. There are a number of other tools that you may have at your disposal, but the right tool really depends on the amount of the judgment and the specific financial circumstances of the defendant.

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Answered on 3/18/13, 4:26 pm


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