Judgment Against Property With Rem In Massachusetts
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FAQ
Criteria for In Rem Jurisdiction In rem jurisdiction is based solely on the location of the property, real or personal. For a particular court to have the authority to determine ownership of a piece of property, that property must be in the physical location over which the court has authority.
In rem jurisdiction is one of the two forms of personal jurisdiction, with the other being in personam jurisdiction. A court can exercise in rem jurisdiction over any real or personal property within its territorial jurisdiction.
There are four major steps to collecting after a Massachusetts court judgment: Get a writ of execution. Locate the debtor's assets. Direct a deputy sheriff to seize the debtor's non-exempt assets. Have the sheriff sell off the debtor's non-exempt assets to satisfy the debt.
Judgments have expiration dates. If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date.
A lien which results from a judgment shall terminate not later than twenty years from the date it was created.
As further bad news, default judgments do not simply vanish. The lien of a default judgment lasts five years and may be easily and repeatedly revived and transferred to other counties or states.
Technically, there is a statute of limitation on the lien of 20 years which, if expired, may result in the lien being extinguished.
In rem is a Latin term meaning "against a thing," which refers to a court's power to adjudicate matters directed against property .
