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Concerned whether you’ll be able to recover on your judgment after your trial is over and judgment issues? Here are some pre-trial security steps to consider:

Massachusetts Rule of Civil Procedure 4.1A ttachment

(a)Availability of Attachment. Subsequent to the commencement of any action under these rules, real estate, goods and chattels and other property may, in the manner and to the extent provided by law, but subject to the requirements of this rule, be attached and held to satisfy the judgment for damages and costs which the plaintiff may recover.

Massachusetts Rule of Civil Procedure 4.2 Trustee Process

(a) Availability of Trustee Process. Subsequent to the commencement of any personal action under these rules, except actions only for specific recovery of goods and chattels, for malicious prosecution, for slander or libel, or for assault and battery, trustee process may be used, in the manner and to the extent provided by law, but subject to the requirements of this rule, to secure satisfaction of the judgment for damages and costs which the plaintiff may recover, provided, however, that no person shall be adjudged trustee for any amount due from him to the defendant for wages or salary for personal labor or services of the defendant except on a claim that has first been reduced to judgment or otherwise authorized by law; and in no event shall the attachment exceed the limitations prescribed by law.

and

Massachusetts General Laws Chapter 246 Trustee Process

Massachusetts Rule of Civil Procedure 65 Injunctions

(a) Temporary Restraining Order; Notice; Hearing; Duration. A temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition…..

….

(d) Form and Scope of Injunction or Restraining Order.
Unless the court, for good cause shown, otherwise orders, an injunction or restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

Massachusetts General Laws, Chapter 214, section 3(6)-3(9) [Actions to Reach and Apply]

Section 3(6)

Actions by creditors to reach and apply, in payment of a debt, any property, right, title or interest, legal or equitable, of a debtor, within or without the commonwealth, which cannot be reached to be attached or taken on execution although the property sought to be reached and applied is in the possession or control of the debtor independently of any other person …..

Section 3(7)

Actions to reach and apply shares or interests in corporations….

Section 3(8)

Actions to reach and apply in payment of a debt any property, right, title or interest, real or personal, of a debtor, liable to be attached or taken on execution in a civil action against him and fraudulently conveyed by him with intent to defeat, delay or defraud his creditors, or purchased, or directly or indirectly paid for, by him, the record or other title to which is retained in the vendor or is conveyed to a third person with intent to defeat, delay or defraud the creditors of the debtor.

Section 3(9)

Actions to reach and apply the obligation of an insurance company to a judgment debtor….

Massachusetts General Laws Chapter 184, section 15(b)
[Lis pendens]

Upon motion of a party, if the subject matter of the action constitutes a claim of a right to title to real property or the use and occupation thereof or the buildings thereon, a justice of the court in which the action is pending shall make a finding to that effect and endorse the finding upon the memorandum……

Print and CD Resources:

Collecting Civil Judgments MCLE 2013 (book)

Collections and the Enforcement of Civil Judgments MCLE 2009 (CDs)

Handbook of Civil Procedure in the Massachusetts District Court

Massachusetts Litigation Forms and Analysis

Massachusetts Superior Court Civil Practice Manual

Massachusetts Superior Court Civil Practice Forms

Massachusetts Pleading and Practice

Massachusetts Practice Series, Procedural Forms Annotated vols. 10-10C

Moving for Injunctive Relief MCLE 2007

Additionally, patrons of our 17 Trial Court Law Libraries have access to databases including free in-library access to Westlaw and Lexis legal databases, to search for cases, statutes and other materials.

Good Reading!

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