Legal Question in Credit and Debt Law in Massachusetts

D transfers funds to evade executing small claims court's judgment for P. D then submits form to Court under penalty of perjury that he is too poor to pay judgment. Clerk has no choice but to honor D's claim on its face. However, P (who has done research of his own into D's finances) asks for finalization by a judge- which is granted. P has a list of questions to ask D under oath during judge hearing. What is the penalty for evading court's judgment under false pretenses? Should P address these issues in separate forum or wait until hearing before small claims judge?

Asked on 9/10/13, 3:12 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC.

To go after your question a slightly different way, if you know of assets or property that might be used to satisfy a court judgment, you may want to speak to an attorney about using wage garnishment, trustee process, recording a lien, etc. The penalty for an untruthful answer in Court is perjury.

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Answered on 9/10/13, 3:25 pm

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