Legal Question in Landlord & Tenant Law in Massachusetts
My husband and I sued our previous landlord (in civil court) for failing to return security deposit, failure to correctly deposit security deposit, comingling of funds, etc. We won, and returned for a payment hearing, where the landlord agreed to $75 a month beginning in December 2009. A payment review was scheduled for last week (Feb 2010), to which the landlord did not show. A capitas has been issued, but we have no idea what we do next, as there was no information in the envelope. What do we do? What if they can't be found? What if they try to declare bankruptcy?
2 Answers from Attorneys
Seek a Writ of Attachment against the rental property. If he does not pay, you can foreclose your lien.
If you know where he banks, check the last check he gave you, and seek a writ of attachment against his bank account.
Also, if he files bankruptcy you can seek to challenge your debt being dischargeable as it relates to an act of moral turpitude in this case stealing your deposit.
Retain an attorney. Good Luck!
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