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PROPERTY LEVY
Property Levy (Execution)
An Execution is an order that permits a Judgment Creditor/Plaintiff the means to enforce payment to be made on their Judgment by placing a lien on the Judgment Debtor/Defendant’s property or seizing/levying the Debtors/Defendant’s personal assets and forcing a public auction.
A Judgment Creditor/Plaintiff has three options to effectuate upon an Execution.
- Demand on Execution
- Levy of Personal/Real Property
- Levy on Real Estate (Writ of Attachment)
An Execution in Massachusetts earns interest at a rate of 12% annually and is calculated from the issue date. Interest is calculated till the date of satisfaction.
Demand on Execution
With a Demand, a Constable serves upon the Judgment Debtor/Defendant a copy of the Execution along with documentation on means to satisfy. The Judgment Debtor/Defendant then has a specified amount of time to respond with a resolution scenario.
Levy of Personal & Real Property
If a Judgment Debtor/Defendant fails to remedy in full through arrangements with the Judgment Creditor/Plaintiff a levy of property may commence. Some of the most accessible assets are items such as watercraft, motorcycles and automobiles.
Levy of Real Estate (Writ of Attachment)
A Writ of Attachment is used to place a lien on Real Estate Property. You must indicate whether the Writ should be recorded on the Unregistered or the Registered/Land Court side of Suffolk County Registry of Deeds. The type of recording needs to be stated:
Unregistered
- General (any and all property in the County of Suffolk)
- General with Parcel (and/all property located in Suffolk County including but not limited to property at a specific address or book and page)
- Specific (property located at a specific address or book and page)
Registered
- Requires Certificate Number, Book and Page
- Original Writ of Attachment will be returned upon completion of recording and will include the appropriate Return of Service
