Massachusetts Procedural Requirements for Wage Garnishment

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Massachusetts Procedural Requirements

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings on and in aid of execution shall be in accordance with applicable Statuteutes. In aid of the judgment or execution, the judgment creditor may obtain discovery from any person in the manner provided in the Massachusetts Rules of Civil Procedure. Mass. R. Civil. P. 69.

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions, written interrogatories, production of documents, physical and mental examinations, and requests for admissions. Mass. R. Civil. P. 26. The Statuteutes provide for both attachment and trustee process. These are traditionally prejudgment remedies to secure satisfaction of the judgment which the plaintiff may recover. It is ambiguous whether these procedures are also available to enforce a judgment.

Interest Rate at which Judgments Accrue

Upon finding of verdict for plaintiff for pecuniary damages for personal injuries, consequential damages or damage to property, the clerk of court is required to add to damages interest thereon at 12% per year from commencement of the action. Mass. Gen. L. ch. 231, _6B.

In contract actions, the clerk is required to add to judgment for pecuniary damages interest at the contract rate, if established, and otherwise at 12% per year, from date of breach or demand, if established, and otherwise from commencement of the action. Mass. Gen. L. ch. 231, _6C. Interest at 18% may be awarded by court upon finding that defenses, setoffs or counterclaims of other party were wholly insubstantial, frivolous and not in good faith. Mass. Gen. L. ch. 231, _6F.

Judgment bears interest from day of entry thereof until payment. post judgment interest is at rate provided for prejudgment interest. Mass. Gen. L. ch. 235, _8. Applicable Forms Mass. R. Civil. P., Forms 2 & 2A.