What To Do If A Defendant Does Not Pay A Judgement In Massachusetts

In the Commonwealth of Massachusetts, the prevailing party in a lawsuit receives a judgment, which is the official result of a lawsuit in court. While a judgment is, in effect, a court order directing the losing party to pay the prevailing party, receiving a judgment does not guarantee that the defendant will automatically pay the amount owed. If the defendant does not pay the amount owed as required by the judgment, the plaintiff must take steps to enforce the judgment.

First Steps

The first step following the issuance of a judgment in a creditor's favor is to request the original execution from the Court, which is known as a writ of execution. This is a document from the court that allows an attorney to engage in post-judgment collection tactics such as property seizures. A writ of execution should be obtained within one (1) year after the judgment is issued