In Massachusetts, judgment records are documents that contain details of a court's final decision in a civil lawsuit. These records are generated and maintained within the Massachusetts Court System by the three civil trial courts.
Typically, if an individual's claim is less than $2,000, the (District or Municipal) Small Claims Court will render the judgment and create the associated record. If one's claim is above 2,000 but less than $25,000, the case will be adjudicated by District Civil Court. However, if the claim exceeds $25,000, the Superior Court will decide the matter and generate the judgment record.
Under the Massachusetts Public Records Law, judgment records are public information. Hence, like other Massachusetts court records, any resident can examine or copy judgment records by querying the appropriate courts and public court records databases.
What is a Judgment?
According to Rule 54 of Massachusetts Rules of Civil Procedure, a judgment is a decree of a trial court that marks the completion of a civil proceeding. It specifies who wins the case and what remedies the winning party deserves. Money damages and injunctive relief are common remedies issued within civil judgments.
Massachusetts Judgment Laws
The judgment laws of Massachusetts are outlined in Rule 54 of the Massachusetts Rules of Civil Procedure and Chapter 235 of the Massachusetts General Laws. When a civil judgment is to be rendered by the court, these regulations explain the procedures that must be followed. The laws also guide litigants on the papers and documents needed to enforce or plead relief from a judgment in Massachusetts.
What is Judgment Lien?
A judgment lien is a claim on a debtor's property to secure the payment of a judgment in Massachusetts. A judgment lien in Massachusetts can be attached to real estate or personal property. To attach a judgment lien to a debtor's real property, the judgment creditor must record the judgment with the registrar of deeds of any Massachusetts county where the debtor owns or will own real estate in the future. For the lien to be valid, the judgment debtor must be notified of the lien before filing.
On the other hand, liens on personal property require the creditor to record the judgment with the city or town clerk.
In Massachusetts, judgment liens last for 20 years on real property and 30 days on personal property.
What is a Massachusetts Summary Judgment?
A summary judgment is a final court decision based on evidence presented prior to a trial in Massachusetts. This type of judgment can be issued when the pleadings, discovery, and affidavits confirm that there is no real dispute over the material facts and that the moving party is lawfully entitled to judgment. A fact is considered "material" when it impacts the outcome of the civil case.
Because the goal of a trial is to resolve disputed facts, a trial is unnecessary if none exists. Thus, if a court enters a summary judgment, the case is decided without a trial. Rule 56 of the Massachusetts Rules of Civil Procedure governs summary judgment procedures in the commonwealth. According to this rule, the plaintiff or defendant in a lawsuit can ask the court for a summary judgment.
What is A Summary Judgment Motion In Massachusetts?
A motion for summary judgment implores the court to decide all or part of a lawsuit without a trial. By filing this motion, the moving party claims that there are no disputed material facts and, hence, the court should grant a judgment in their favor. Any party arguing against a summary judgment must either show that material facts are in dispute or that the uncontested facts do not entitle the moving party to a judgment.
A petition for summary judgment requires the parties to collect evidence (from documents, depositions, and other sources) and present their case to the court by submitting papers. Within these papers, the party opposing a summary judgment motion must demonstrate a genuine dispute to at least one of the material facts. On the other hand, the party moving for the summary judgment must prove that no such conflict exists.
The Superior Court Rule 9A, and Massachusetts Rules of Civil Procedure, 56, direct the filing and serving of summary judgment motions and oppositions in the Massachusetts courts.
Massachusetts Judgment Record Search
Individuals can search for judgment records online using the MassCourts database, the state judiciary's case management system. However, one should note that recent court records and official case documents are not available online. Such records can only be reviewed in person at the custodian's office (the court clerk's, recorder's, or registrar's offices). Inquirers finding it challenging to use the system may read the state judiciary's guide on how to search court dockets.
How Do I Look Up a Judgment In Massachusetts?
Judgment records are part of the civil court records that are created, compiled, and stored within the Massachusetts court system. To find a judgment record in Massachusetts, the inquirer must first determine which court handled the case. After locating the appropriate court, the individual should contact the record custodian's office to obtain the record.
The physical address of the courts can be found using the courthouse locator. At the same time, the contact information of the courts can be retrieved from the Massachusetts court directory.
What Happens if You Have a Judgment Against You in Massachusetts?
Any entity that has a judgment against them should note that a judgment binds both sides to a lawsuit. As a result, all stated responsibilities (e.g., the payment of damages, return of property) must be acknowledged and carried out. Otherwise, further legal measures can be taken against the party that fails to comply with the judgment.
Massachusetts law also allows judgment debtors (parties liable to pay damages) to arrange an installment payment plan with the creditor. Debtors can also appeal a judgment if dissatisfied with the ruling or vacate (void) the judgment for good reason by filing a motion.
How Do I Find Out If I Have Any Judgments Against Me In Massachusetts?
Most civil judgment records are accessible online, except for recently rendered ones. As a result, anyone can quickly determine if they have any judgments against them by examining the records.
Moreover, if the judgment debtor is a party to a lawsuit, they will be notified of the court's decision once it is entered in court. An interested party can also inquire about outstanding judgments at the court clerk's office.
How Long Does A Judgment Stay On Your Record?
Judgments are maintained and archived in court databases indefinitely. However, they might stay on a judgment debtor's credit report for at least seven years.
How To Enforce A Judgment In Massachusetts
Enforcing a judgment is a legal process by which judgment creditors ensure the receipt of money owed to them from a judgment. To execute a judgment in Massachusetts, the judgment creditor must obtain a Writ of Execution (WOE) from the court within one year of the judgment. The document allows a sheriff to confiscate the judgment debtor's non-exempt property and sell it at a public auction to settle the judgment.
A creditor can use a WOE to seize the debtor's wages, money in a bank account, or property. To seize a bank account, the creditor must first obtain judicial permission. Then, they must pay the local sheriff to levy the debtor's bank account. To seize a judgment debtor's wages, the judgment creditor must send a notice to the debtor by registered mail at least ten days before the wage garnishment occurs. Afterward, the creditor must take the WOE and pay the local sheriff to garnish the debtor's wages.
WOEs are handled much differently in Massachusetts than in most other states of the country. The writs must be obtained from the court within one year and generally last the same duration as judgments.
How To Collect A Judgment In Massachusetts
A judgment creditor must first determine the assets of the judgment debtor to collect on a money judgment. Rules 30, 33, 34, and 69 of the Massachusetts Rules of Civil Procedure govern the methods for collecting judgments. Two of these methods are the post-judgment discovery and supplementary process action.
Post-judgment discovery is a means to obtain information about a judgment debtor's assets after a judgment has been entered. While under oath, the debtor may be required to reveal information about their income, bank accounts, investment accounts, real estate, vehicles, art, jewelry, machinery, equipment, and other major assets.
On the other hand, a supplementary process action is a new action to collect a prior judgment. The judgment debtor must appear and be questioned under oath about their assets and ability to pay. Others may also be summoned to testify on the debtor's assets. Once the judgment debtor's assets are uncovered, the judgment creditor can obtain a Writ of Execution from the court to seize those assets to satisfy the judgment.
What Happens if a Defendant Does Not Pay a Judgment in Massachusetts
Failure to pay a judgment often carries severe consequences for the judgment debtor, as the creditor may take further action in response to the failure. This action could be as extreme as seizing the debtor's assets and property without their consent.
Also, following the issuance of a judgment, the creditor may initiate a payment hearing. If the judgment is not paid before the hearing, the court will examine the debtor's ability to pay. Depending on the result of the hearing, the court may order the defendant to pay right away or arrange a payment plan. If the court discovers that the debtor cannot pay the judgment, the creditor may request that the case be rescheduled for a later date.
What Personal Property Can Be Seized in a Judgment in Massachusetts?
Under Chapter 223, Section 42 of the Massachusetts statutes, a judgment debtor's personal property is subject to seizure upon execution of a judgment. As such, a judgment creditor can use a Writ of Execution to levy the judgment debtor's personal property, e.g., a car, financial accounts, or jewelry. However, certain personal properties are exempt from execution under Chapter 235, Section 34.
Massachusetts Judgment Interest Rate
According to Massachusetts law, the interest rate for judgments is fixed at 12 percent per year. When a lawsuit is filed, the interest begins to accumulate on the day of the filing. For defendants who file immaterial or fraudulent counterclaims, the interest rate is increased to 18 percent per annum.
What is a Default Judgment?
As a general rule, a court enters a default judgment when a defendant fails to defend or plead. This judgment declares that the party against whom an action was filed lost their case because they did not enter an appearance or attend a scheduled court session. As a result, the court can enter a default judgment that grants the plaintiff the claimed amount or other requested relief.
How to File a Motion To Set Aside Default Judgment in Massachusetts
If a court enters a default judgment against a party, that party can file a motion to set aside the default judgment. Generally, the moving party uses this motion to explain why the default judgment should be reversed. Among the usual explanations are:
- Not receiving a notification of the case
- A serious situation that prevented the party from appearing or responding
File Motion To Vacate Judgment in Massachusetts
Petitioning a court to vacate a judgment is requesting the court to grant relief from a judgment. The procedures for filing this motion are similar to those that apply when filing a motion to set aside a default judgment. This is because both processes ask the court to render a judgment legally void.
Unless the motion is based on not having received notice of a lawsuit, the moving party must file the Motion to Vacate Judgment within one year.
How To Remove An Abstract Of Judgment In Massachusetts
Filing an abstract of judgment with the registrar of deeds in any county where a debtor owns real property creates a lien on that piece of real estate. This may cause complications in the sale or transfer of that property.
The simplest way to remove an abstract of judgment from a property is to pay the judgment creditor. Once the creditor receives full payment, they will notify the court in writing within ten days. The creditor can use an Acknowledgment of Satisfaction of Judgment form or the Acknowledgment of Satisfaction of Judgment in Counterclaim form to inform the court. The judgment creditor must sign the appropriate form. Once the court and the recorder of deeds are notified of the judgment's satisfaction, the abstract of judgment will be removed.
An abstract of judgment may also be withdrawn from one's property if the judgment was entered by default and the judgment debtor has good reason to petition the court to vacate the judgment.
The court may also remove an abstract of judgment from a debtor's property if the lien was attached to exempt property. In this case, the individual may file a Motion To Avoid Lien with the court to release the lien.
How Long Is a Judgment Good For In Massachusetts
In Massachusetts, a civil judgment is valid for 20 years. A judgment creditor may enforce the judgment within those years by attaching a lien to the debtor's property or seizing the judgment debtor's wages or assets. However, Massachusetts judgments can be renewed for another 20 years if the judgment creditor informs the court in due time that the judgment has not been satisfied.
Massachusetts Judgment Statute of Limitations Law
According to Chapter 260, Section 2 of the Massachusetts Code, all civil judgments have a six-year statute of limitations. Typically, this time begins to run from the date the judgment was issued. This means that if someone wants to enforce the judgment, they must do it within six years.
However, if the filing party affixes a seal to the document, the judgment will be considered "signed under seal," and the winning party will have 20 years to pursue collection.
