Landlord Question and Answer Forum

Can anyone tell me if you go to court and win judgement say 2500.00 dollars how do you collect this , what happends if they do not have the cash ,do you attach there pay?

Wage attachments may be obtained by bringing an action under G.L. c. 246 for trustee process, based on a judgment only, usually after unsuccessful supplementary process proceedings. After service of the trustee process complaint, the creditor must proceed by way of motion for permission to make the wage attachment. Writs are ordinarily returnable to Court within thirty (30) days and must be served on each payday by an officer. The writ commands the employer to withhold the wages, pending further order of the court. The employer must file an Answer with the court under oath regarding each service of the writ of attachment, specifying what, if anything, the employer has withheld from the wages of the debtor. After the creditor has attached all that he is able to, he must then return to the court, with notice to the debtor, with a motion to "charge the trustee." After a ten-day appeal period, the Clerk's Office will issue a trustee execution.

Posted by Denise S, PA on Monday, November 30, 2009