Motion to issue execution
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Motion to issue execution (by Jacob [MA]) Jul 6, 2009 9:45 AM
       Motion to issue execution (by EC [MA]) Jul 6, 2009 10:19 AM
       Motion to issue execution (by James [MA]) Jul 6, 2009 11:10 AM
       Motion to issue execution (by T.T. [MA]) Jul 6, 2009 11:11 AM
       Motion to issue execution (by Dan [MA]) Jul 6, 2009 2:49 PM
       Motion to issue execution (by PatL [MA]) Jul 7, 2009 7:52 AM


Motion to issue execution (by Jacob [MA]) Posted on: Jul 6, 2009 9:45 AM
Message:

I took one of my tenants to court about 3 weeks ago due to nonpayment of rent. We ended up making a payment arrangement which I know everyone here is strongly against, but I was on good terms with the tenant, and he had been making an effort to pay whatever he could. However, he violated the judgement by not paying rent this month. I contacted housing court and filed a motion to enforce judgement and issue execution. That's all fine and good, but the clerk at the housing court told me I need to deliver them a copy of the motion today, then I come back and there's another form that I would fill out certifying that I gave it to them. I have a feeling he's not going to show on Friday. What will happen if he lies and says I never delivered a copy of the motion, and that's why he didn't show up in court? --146.243.x.xxx




Motion to issue execution (by EC [MA]) Posted on: Jul 6, 2009 10:19 AM
Message:

Been going through the same thing.

Go to the PO and send it Certified with Return Reciept -> it will cost $5.31 and cover your backside.

What part of MA are you from? --207.190.xxx.xx




Motion to issue execution (by James [MA]) Posted on: Jul 6, 2009 11:10 AM
Message:

That's why you have a constable serve notices. --192.234.xxx.xxx




Motion to issue execution (by T.T. [MA]) Posted on: Jul 6, 2009 11:11 AM
Message:

Constable, constable, constable... --71.126.xxx.xxx




Motion to issue execution (by Dan [MA]) Posted on: Jul 6, 2009 2:49 PM
Message:

Yes, use a constable. You did good by making an agreement for judgment contingent upon payment. Most mass courts write those up so that if the tenant doesn't comply they can't appeal or ask for more time. Now it doesn't always work that way, but in general, you have already proved your case over the original issue and all you have to do now is state that they didn't uphold the court agreement. Judges are sometimes lenient when the tenant doesn't pay the landlord the rent, but they don't like it one bit when the tenant doesn't follow their court order. Good luck with it. --76.19.xx.xx




Motion to issue execution (by PatL [MA]) Posted on: Jul 7, 2009 7:52 AM
Message:

Hire a constable and have him deliver the order. I cost me $50 for that a couple years ago. Find a "tough" one so that he could "deliver" message to the tenant when he is there. --75.69.xxx.xx





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