Why Chat right again
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Posted by jm10101 (198.80.153.64) on July 02, 2002 at 14:51:54:
Thanks again, Why Chat. RE: Judgements, liens + property [ in Massachusetts ] CHAPTER 235. JUDGMENT AND EXECUTION. Chapter 235: Section 22. Forms of execution. Section 22. The forms of execution shall be the same as have heretofore been established by law and the usage and practice of the courts. Executions issued upon judgments in civil actions in favor of the commonwealth shall be in form like those in favor of natural persons. Executions issued by a district court for an amount as damages exceeding twenty dollars shall be so framed as to direct a levy upon the lands and tenements of the debtor. Alterations in the forms may be made by the courts, subject to the final control of the supreme judicial court, which may by general rules regulate such changes in all courts of the commonwealth. But I also saw: CHAPTER 235. JUDGMENT AND EXECUTION. Chapter 235: Section 17. Executions; time for issuing; successive executions; entry of satisfactions. Section 17. An original execution shall not issue after the expiration of one year after the party is first entitled to take it out; and an alias or other successive execution shall not issue after the expiration of five years from the return day of that which preceded it. Subject to section twenty of chapter two hundred and sixty, alias or successive executions shall be of full force and effect for five years from the date thereof unless satisfied in whole or discharged by law. All executions shall be returned to the court issuing them within ten days after their satisfaction or discharge. If any execution is returned for any reason to the court issuing the same unsatisfied in whole or in part, the court may, subject to the provisions of this section, order the issue of a new execution for the amount then remaining due. If an execution having been satisfied in full or discharged by law is not returned within ten days thereafter with an endorsement showing such satisfaction or discharge or is returned without such endorsement the court issuing it may upon motion of the judgment debtor or any person in his behalf order it to be returned or the proper endorsement made thereon, as the case may be. The court may order the return of an execution and the endorsement of any partial satisfaction thereon. The fact of a return of an execution and its satisfaction shall be entered upon the records of the court. Sorry for the length, but does this give one any recourse if satisfaction of the judgement was never filed?
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