Massachusetts Writ of Alias Execution

State:
Massachusetts
Control #:
MA-SKU-0165
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PDF
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Description

Writ of Alias Execution

Massachusetts Writ of Alias Execution is a court-issued document which orders the local sheriff to execute a judgment against a debtor. It is a last resort for creditors to recover the money they are owed, as it allows the sheriff to seize personal property from the debtor to satisfy the debt. There are two types of Massachusetts Writ of Alias Execution: 1) General Execution and 2) Special Execution. General Execution is used to collect a judgment for a specific sum of money, whereas Special Execution is used to collect on a judgment for specific goods or services. The writ must include the court order, the debtor's name and address, the creditor's name and address, the amount of the judgment, and the sheriff's name. Once the Writ is issued, the sheriff has the authority to seize the debtor's property and levy it to satisfy the debt.

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FAQ

Can the execution in a summary process case expire? Yes. The execution must be used within 3 months. The monetary part of the execution is valid for 20 years.

Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.

A court order that directs law enforcement personnel to take action in an attempt to satisfy a judgment won by the plaintiff. Specifically, a writ of execution usually addresses a sheriff. The sheriff, in turn, attempts to levy property owned by the defendant.

Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

When someone owes you money, the law provides several ways for you to collect on the debt. A court may issue you a writ of execution to allow you to collect certain property from your debtor in order to satisfy the debt.

A Writ of Execution is a legal document that allows a sheriff to attach any non-exempt personal property of the debtor and hold it for sale at a public auction for the purpose of satisfying the judgment. See Massachusetts Rules of Civil Procedure, Rule 69, and Massachusetts General Laws, Chapter 235.

Alias execution is a second writ of execution issued in the same cause, to enforce a judgment not fully satisfied by the original writ.

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Massachusetts Writ of Alias Execution