Legal Question in Landlord & Tenant Law in Massachusetts

Apologies. This will be a long question.

I'm a landlord in Massachusetts. I'm in the process f evicting my tenenat who hasn't paid rent in 6 months. I've followed all the legal steps, the 14 day notice, and the other 2 after that. Next week, both myself and the defendant are showing up to court for the final step, 48hrs to quit.

Now here's my question. The defendent owes me over $8000. I want every single penny of it back. This entire fiasco has left me very broke and almost homeless myself as i've been paying my mortgage plus apartment rent, as a result i owe alot of money to family and some friends. I think it's possible to get my money back because she also happens to be a CEO of her own company where she has staff that she currently pays. After we goto court on thursday, what exactly am i to do to start the process of collecting my money? What forms or departments in court should i go to?

I've been doing some research online and read these 5 seperate statements. Are they accurate? Should i use all these avnues or just 1?

1. If you get a transcript and record the judgment in county records, the tenant will not be able to buy a house in that county without paying you off. If the tenant owns other real estate in his name (not likely, but always possible), the judgment will create a lien on that property as well.

2. Cash in bank accounts is the easiest target. If you have a copy of a recent check from your tenant, you can file for a "levy of execution" on their bank accounts through the local sheriff (this is why it is a good practice to make copies of your tenants' checks each month to make sure you know where they are banking).

3. If the tenant is working, you can garnish wages, but most states limit garnishment to 25% of the wages of the debtor. Still, if they have a steady paycheck, you will get your money back, plus interest.

4. If you do not know where the tenants assets are located, you can start a debtor proceeding in court to make him appear in court and answer questions regarding his assets. Failure to comply may result in a warrant issued for the debtor's arrest.

I have all pertinant info on my tenants company as well.

Thank you very much. I really appreciate this!


Asked on 4/01/13, 11:16 pm

1 Answer from Attorneys

You can use items 2-4 to get your money back.

You need to ask the court for wrtis of attachment and you may want to have a debtors proceeding to determine her assets.

You can look up the garnishment rules in MA online, but as I recall there is a $125 week exemption and then a percentage limit.

You can also attach her stock in her company and force the sale of the stock or if she owns the entire company, its liquidation.

I would suggest you contact a collections attorney after you get the judgment for assistance. If you violate the fair credit collection practices act you could wind up in trouble and it could cost you more than the $8,000 she owes you.

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Answered on 4/02/13, 9:07 am


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