Legal Question in Credit and Debt Law in Massachusetts

What does Plaintiff's Motion for Successive Execution mean. I got this notice from a hearing that occurred a couple of weeks ago regarding a creditor. I was never offered a payment schedule. Not sure what this means..

Asked on 3/05/16, 8:36 am

1 Answer from Attorneys

Jed Berliner L J Berliner

A law suit leads to a judgment. If no appeal is filed, an execution issues.

There are two ways to enforce an execution in Massachusetts. One is to file a Supplementary Process seeking a debtor's examination, which leads to a payment order at the judge's discretion. That's where you might be offered a payment schedule.

The second is to garnish wages or bank accounts by service of the execution. Since a one-time service of the execution might not satisfy the amount owed, successive executions are often requested.

It might not be too late to ask to vacate the judgment so you can present defenses, and there are always defenses to raise in virtually all cases.

It's certainly not too late to discuss bankruptcy either.

Jed Berliner

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Answered on 3/07/16, 7:13 am

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