Winning a lawsuit in Massachusetts is a major step, but it’s not always the final one. If the court awarded you money but the other party refuses to pay, your work isn’t done yet. Enforcing a civil judgment is often the hardest part of the legal process.
Whether you’re in Worcester or a nearby town like Auburn, Shrewsbury, Millbury, or Grafton, here’s how you can turn that piece of paper into actual payment.
What Is a Civil Judgment and What Does It Actually Get You?
A civil judgement is a court awarded amount that includes specific considerations, although it can vary from case to case.
What Is Included in a Judgment Order?
A civil judgment order in Massachusetts typically includes the principal amount owed, interest, court costs, and sometimes attorney’s fees.
Once the court rules in your favor, the judgment order will break down what’s owed to you. This may include:
- Principal amount (the damages awarded)
- Interest (often calculated under M.G.L. c. 231 §6C)
- Attorney’s fees (if allowed by statute or contract)
- Court costs (filing fees, service costs, etc.)
This total becomes the enforceable amount, but enforcement is up to you.
Does Winning a Judgment Guarantee Payment?
No, winning a civil judgment does not guarantee payment. The court does not collect the money for you.
You become what’s called a judgment creditor, and it’s your responsibility to pursue post-judgment collection. The court may issue an execution (a document authorizing enforcement), but you have to take the next steps.
What Are Your Options If the Debtor Refuses to Pay?
If the debtor won’t pay voluntarily, you have several enforcement tools available under Massachusetts law. Here’s a breakdown of your main options:
1. Wage Garnishment (Trustee Process)
You can request a trustee summons to seize a portion of the debtor’s wages directly from their employer.
This is also called wage garnishment, and it’s governed by M.G.L. c. 246. Massachusetts and federal law limit how much of someone’s wages can be taken. Typically, only a portion of disposable earnings is subject to garnishment.
2. Bank Account Seizure
You can serve a trustee summons on the debtor’s bank to freeze and recover funds from checking or savings accounts.
Once served, the bank freezes the account. If the court approves the seizure, you may receive the funds to satisfy your execution. Some types of income (like Social Security) may be protected.
3. Property Liens
You can record a judgment lien (also known as an execution lien) against any real estate the debtor owns.
This lien becomes public record and must be resolved if the debtor tries to refinance or sell their property. It’s a powerful tool, especially if immediate payment isn’t available.
4. Asset Levy (For Physical or Titled Assets)
You may ask the sheriff’s office to seize and sell physical property, such as vehicles or equipment.
This is called a levy on execution. The sheriff conducts an auction, and the proceeds are applied to your judgment.
5. Supplementary Process Hearing
You can request a supplementary process hearing under M.G.L. c. 224 §14 to examine the debtor under oath.
If the court finds they have the means to pay, it may issue an installment order or even a capias (civil arrest warrant) if they fail to appear.
How to Start the Judgment Enforcement Process in Worcester
Starting the judgement enforcement process in Worcester is a three-step process:
Step 1 – Obtain an Execution From the Court
After the court enters your judgment, request a writ of execution from the clerk at Worcester District or Superior Court.
This document authorizes you to take enforcement actions. There may be a small court fee involved.
Step 2 – Choose an Enforcement Method
Consider what assets the debtor has (wages, property, bank accounts) and choose your enforcement tool accordingly.
Each option has its pros and cons. Your strategy might involve multiple actions over time.
Step 3 – Work With a Constable or Sheriff’s Office
Most levies and seizures must be carried out by a licensed constable or the county sheriff.
Sheriffs in Worcester County are familiar with judgment enforcement, especially for bank levies, wage garnishments, and property seizures.
What If the Debtor Claims They Can’t Pay?
If the debtor claims they can’t pay, you’ll need to have a supplementary process hearing.
What Happens at a Supplementary Process Hearing?
At a supplementary process hearing, the debtor is examined under oath about their income, expenses, and assets.
They must submit a financial affidavit, and the court decides if they’re able to pay. If they can, an installment payment order may follow.
What If the Debtor Lies or Refuses to Appear?
If the debtor fails to show up, the court can issue a capias warrant for their arrest.
If they appear but are dishonest, the judge may initiate contempt proceedings. Massachusetts courts take these violations seriously.
Can You Collect From the Debtor’s Business or Employer?
Yes, you can, but there are complications depending on the type of business or employment situation.
Is the Debtor Self-Employed or a Business Owner?
If the debtor is a sole proprietor, their business income may be reachable. But if they’re part of an LLC or corporation, it’s more complex.
Courts may apply the successor liability or pierce the corporate shield in rare cases if fraud or abuse is shown.
Can You Garnish Payments Owed to Them by Clients?
Yes, in some cases, you can use a third-party trustee process to garnish money owed to them by clients or business partners.
This is common in contractor disputes or freelance situations, where payment may be intercepted before the debtor receives it.
What Are the Time Limits for Enforcing a Judgment?
You have 20 years to enforce a judgment under Massachusetts law.
How Long Is a Judgment Valid in Massachusetts?
In most cases, a Massachusetts judgment is valid and enforceable for 20 years, under M.G.L. c. 260 §20.
You can take enforcement actions any time during this period. After that, it becomes a dormant judgment unless renewed.
When Does Interest Stop Accruing?
Interest typically continues to accrue until the judgment is satisfied, including on attorney’s fees and court costs.
Keep records of all payments and interest calculations. If you recover only part of the amount, interest continues to build on the remaining balance.
How Can a Civil Litigation Attorney Help With Collection?
A civil litigation attorney can help enforce the court’s ruling, handle supplementary process hearings, and more.
Do You Need a Lawyer to Enforce a Judgment?
You’re not legally required to have a lawyer, but in complex cases or if the debtor resists, it’s highly recommended.
Especially for enforcement involving real estate, business assets, or large sums, a lawyer can improve your chances of recovery.
What Can Your Lawyer Do That You Can’t?
A judgment enforcement lawyer in Worcester, MA can:
- Draft and file post-judgment motions
- Conduct supplementary process hearings
- Work with sheriffs and constables
- Issue subpoenas for bank and asset records
- Locate hidden or undisclosed property
In What Situations Is Legal Help Especially Important?
You should hire an attorney if:
- The debtor owns a business
- You don’t know where their assets are
- They’ve claimed insolvency
- The amount is significant
With the right asset location strategy, your lawyer can help make a paper judgment into real-world recovery.
FAQ
Can I collect on a judgment without a lawyer in Massachusetts?
Yes, but it’s easier with legal help, especially if the debtor resists or hides assets.
What happens if the debtor moves out of state?
You can domesticate the judgment in another state and enforce it under that jurisdiction’s rules.
Can I go after property that wasn’t listed during the trial?
Yes, once you have a judgment, you can pursue any non-exempt assets, even those not listed in the original case.
What’s the best way to enforce a judgment over $25,000?
Typically, a combination of bank levies, property liens, and supplementary process hearings will yield results.
How long does judgment enforcement take in Worcester courts?
It varies. Some garnishments take weeks. Supplementary hearings and sheriff actions can take one to three months or longer, depending on court schedules.
If you’ve won a judgment in Massachusetts and the other side won’t pay, you still have options. Whether through wage garnishment, bank seizures, or property liens, the law gives you tools to enforce what’s owed. And in Worcester County, knowing how to use those tools, or working with someone who does, can make all the difference.