Legal Question in Credit and Debt Law in Massachusetts
I have a notarized IOU from someone (greater than the 10K allowed to sue in small claims court). He is terminal and dying soon. He told me he does not plan to repay me. Is it possible to attach a lien to his "camp" property BEFORE I sue him to court, as I fear he will quickly transfer the land to his son to avoid my ability to collect the debt he owes.
2 Answers from Attorneys
Where's the camp? Every state law regarding liens is different.
No, if in Massachusetts. But a court lien can be obtained and recorded quickly.
$7,000 is the maximum small claims limits in Massachusetts, not $10,000.
You can perform an electronic search on Massachusetts real estate to see if the camp has already been transferred or is encumbered by other liens.
You can sue the son as a fraudulent transferee.
Without the lawsuit, any "attachment" you file will be of little legal effect. I would advise you to bring your lawsuit immediately. Although this person may be sick, it is unconscionable for them to take money from you and outright refuse to pay you back. There could be final expenses and other older debts which entirely wipe out his Estate, leaving you with nothing, or with pennies on the dollar. It is a sad state of affairs all the way around, but you are really left with no reasonable choice other than to bring suit. If the camp is in NH, we may obtain "pre-judgment attachment" but that goes right along with the lawsuit...we just do it first.
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