ASSEST RECOVERY & SEIZURE
The Massachusetts Constable's Office stays current with Massachusetts General Laws and are prepared to deal with any situation regardless of how complicated. Documents must be received by 10:00 AM in order to be served the same day.
A Constable's Auction/Sale is a property auction ordered by the courts. The property that has been seized is then sold at to satisfy the debt the defendant has with the judement creditor/plaintiff. The auction is presided over by the Constable's Office.
Execution on Money Judgement
The Execution allows the Plaintiff to utilize the Massachusetts Constable's Office in seizing interest the Defendant has in Real and Personal Property. This can include attaching the interest the Defendant holds in real estate. When reviewing a deed, if the Defendant owns as Tenants by the Entirety, plaintiff can lien, but we will not receive any funds if they die prior to the other party on the deed, because at death the Defendant loses the interest to the surviving spouse; unless Plaintiff has a Judgment and an Execution was issued against both spouses and seizes the interest in both names. If the real property is owned any other way, Plaintiff will only lien the interest the Defendant has in the real estate. This can also include the interest the Defendant has in Bank Accounts, Employment Wages and Automobile Titles. Plaintiff is able to attach anything allowed by law. If the personal property is owned any other way, Plaintiff can only execute on the interest the Defendant has. The Execution is the most important tool Plaintiff receives from a Judgment. Plaintiff is able to use this order to file a Supplementary Process and examine the Defendants finances. The Plaintiff is able to file a Wage Garnishment Suit and garnish up to the statutory amount allowed. There are many purposes for the Execution, but most important, it is used to recover the funds owed to Plaintiff.
Levi on Personal Property
The judgment creditor gets a court order authorizing a levy on the defendant's property. This order is usually called a writ of execution. The judgment creditor directs the Massachusetts Constable's Office to seize (levy on) a particular asset, such as your car etc.
Real Estate Seizures
Part of Execution on Money Judgement