(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.
(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
(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:
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!
