reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 44a - Motor Vehicles; Conditions Precedent

Section 44A. Motor vehicles registered under the law of this commonwealth and not exempt from execution under clause Sixteenth of section thirty-four of chapter two hundred and thirty-five shall not be attached by writ of attachment in a civil action based upon a contract unless written consent to such attachment is endorsed on the writ and signed by a justice, associate justice or special justice of the court wherein such action is commenced. Costs in any action in which such a motor vehicle has been attached shall be in the discretion of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 45 - Property of Newspaper Offices

Section 45. The press, type, stands, cases, paper and other personal property used in printing and publishing newspapers shall not, within forty-eight hours previous to the issue of any edition of a newspaper, be attached upon mesne process unless the officer who makes the attachment has, at least twenty-four hours previously thereto, demanded of the owners or managers thereof other property, upon which to make it, equal in value to the amount of the attachment and such owners and managers have refused or neglected to comply with such demand. Such attachment shall be void unless the officer certifies in his return that he has made such demand, the time when it was made and that it has not been complied with. Such attachment, made after such demand, shall take effect from the time demand was made, so as to take priority of any mortgage, pledge, conveyance or attachment made subsequent to such demand.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 45a - Attaching Officer; Powers to Require Security

Section 45A. If there is reasonable doubt as to the ownership of personal property or as to its liability to be attached on mesne process, before or after the attachment has been made, the officer may require sufficient security from the plaintiff to indemnify him for attaching or continuing to hold the same. If sufficient security is not furnished within a reasonable time after the officer has made a written demand upon the plaintiff or his attorney, the officer may refuse to attach such property or, if he has attached it, may release it from attachment, without liability to the plaintiff therefor. Any premium paid by the plaintiff to a surety company on a bond given as security under this section may, in the discretion of the court, be taxed as costs if he prevails in the action in which the attachment is made.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 47 - Successive Attachments on Different Writs

Section 47. Personal property which has been attached or taken on execution by a constable may be further attached or taken on execution by a deputy sheriff or other competent officer, upon any writ of attachment or execution which such constable is not qualified to serve; and thereupon such constable shall make return upon and deliver his writ or execution, with the possession of the property, to such deputy sheriff or other officer, who shall complete the service thereof. If such writ of attachment has been returned into court, the constable shall file in the case a certificate of the fact of such surrender of possession.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 48 - Keeper; Appointment; Costs

Section 48. An officer directed to make an attachment of personal property may, if the writ bears an endorsement signed by a justice, associate justice or special justice of the court in which the action is commenced and stating that, in his opinion, the appointment of a keeper is necessary, appoint a keeper of such property at or after the time of making such attachment. No writ shall be so endorsed unless the plaintiff, in support of his application for said appointment, shall first have filed an affidavit stating the facts which require such appointment. The officer, if necessary, may appoint a keeper of personal property which has been taken on execution. In either of the aforesaid cases he shall, upon the written request of the defendant, remove such property or the keeper without unreasonable delay. Costs in an action in which a keeper has been appointed shall be at the discretion of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 49 - Attached Personalty; Keeping on Owner's Premises

Section 49. Personal property which has been attached may, subject to the preceding section, be kept on the premises where it is found, unless the owner or occupant of the premises in writing requests the officer to remove his keeper therefrom; and if the defendant in writing requests the officer to allow property which has been attached on the premises of the defendant to remain there until he may give bond to dissolve the attachment, the property shall not be removed until he has had reasonable opportunity to give such bond.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 50 - Bulky Goods

Section 50. If an attachment is made of articles of personal property which, by reason of their bulk or for other cause, cannot be immediately removed, a certified copy of the writ of attachment together with a certified copy of the officer's endorsement on the original writ of attachment of the date or dates of the executing of the writ, may, within three days after the attachment, be deposited in the office of the state secretary where filing would be required to perfect a security interest in such goods under article 9 of chapter 106 as if the debtor were located in the commonwealth under section 9–307 of said chapter 106. If the goods are fixtures, alternatively, the certified copy of the writ of attachment together with a certified copy of the officer's endorsement on the original writ of attachment of the date or dates of the executing of the writ, may, within 3 days after the attachment, be deposited in the registry to deeds of the real estate registry in which the goods are located. In either case, such attachment shall thereupon be as valid and effectual as if the articles had been retained in the possession and custody of the officer.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 52 - Personalty; Attachment of Proceeds of Sale

Section 52. If personal property has been sold or disposed of by consent of the parties, or after an appraisal as hereinafter provided, the proceeds, while remaining in the hands of the officer, shall be liable to be further attached by him as the property of the original defendant, in the manner in which the property itself might have been attached; and shall be held and disposed of in the same manner as if the attachment had been made on the property itself before the sale thereof. The foregoing provision shall not prevent the officer from paying over to the defendant the surplus of the proceeds of such sale, after retaining enough to satisfy all the attachments actually existing at the time of such payment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 53 - Further Attachment of Replevied Property

Section 53. Property which has been replevied from an officer who has attached it shall be considered as remaining in his custody and control so as to be liable to further successive attachments, as if it had remained in his possession.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 54 - Replevin; Liability of Plaintiff for Value

Section 54. If there is judgment for a return of the property so replevied, the plaintiff in replevin and his sureties shall be liable for the whole of the property or the value thereof, although the attachment for which it is finally held was made after the property was replevied.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 55 - Death or Removal of First Attaching Officer

Section 55. If an officer dies or is removed from office while an attachment which he has made remains in force, the attached property, whether replevied or remaining in possession of the officer or of his executor or administrator, may be further attached by any other officer so as to bind it or its proceeds, as if the later attachment had been made by the first mentioned officer.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 56 - Death or Removal of First Attaching Officer; Procedure in Subsequent Attachment

Section 56. The officer who makes such later attachment shall not take the property itself, but he shall make proof of service of the writ of attachment to the court in writing, stating by whom the property was previously attached and shall leave a certified copy of the writ of attachment and of the proof of service of that writ of attachment with the former officer, if living, or, if he is dead, with his executor or administrator or whoever then has possession of the property. The attachment shall be considered as made when such copy is delivered in any of the modes provided in this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 57 - Replevied Property; Mode of Attaching

Section 57. Property which has been replevied from an attaching officer shall not be further attached as the property of the original defendant in any manner other than is provided in the four preceding sections and in section forty-seven, so long as it is held by the plaintiff in replevin or by any person holding under him, unless the original defendant has acquired a new title thereto.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 58 - Death of Attaching Officer; Continuance of Attachment

Section 58. Property which has been attached by an officer, whether in his custody at his death or taken from him by replevin or otherwise, and also all claims for damages to property so taken from him, shall remain subject to the attachment as if the officer had lived, and shall not be considered as assets in the hands of his executor or administrator.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 59 - Duration of Attachment After Judgment

Section 59. Upon judgment for the plaintiff in a civil action, property which has been attached in connection with said action shall remain subject to attachment for thirty days after the date which appears on the execution issued upon such judgment pursuant to chapter two hundred and thirty-five, unless sooner dissolved.
If property has been attached in Nantucket county and judgment for the plaintiff rendered in another county, or if judgment is rendered in Nantucket county and property has been attached in another county, it shall be held in like manner, subject to the same conditions, for a period of sixty days.
The provisions of this section shall apply to property attached upon a counterclaim when judgment is rendered for the defendant upon such counterclaim.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 62 - General Provisions

Section 62. In attaching land, or a right or interest therein, the officer need not enter upon the land or be within view of it. In attaching leasehold estates, the officer shall state in his return in general terms the leasehold property attached. Every writ on which such an attachment of land, or a right or interest therein, is made shall contain or have endorsed upon it the name and last known residence of each defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 63 - Copy of Writ; Deposit in Registry of Deeds

Section 63. No attachment of land or of any leasehold estate shall be valid against a subsequent attaching creditor, or against a subsequent purchaser in good faith and for value, unless the officer deposits a certified copy of the writ of attachment and so much of his return thereon as relates to the attachment of the estate, in the registry of deeds for the county or district where the land lies.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 65 - Register; Duty; Fees

Section 65. The register of deeds shall note on such copy the day, hour and minute of its receipt, and shall record it in his office. He shall also enter in the indexes provided for in chapter thirty-six the name or names of each defendant whose land is attached as appears in said copy, the name of the plaintiff, and the court where the writ under which such attachment was made is returnable. The recording fees may be taxed as a part of the plaintiff's costs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 66 - Attachment; Time of Taking Effect

Section 66. If the copy of the writ is deposited, as aforesaid, within three days after the day when the attachment was made the attachment shall take effect from the time it was made, otherwise, from the time when the copy is so deposited; but attachments of land, and of leasehold estates which have an original term of more than seven years, shall in no case be valid against purchasers in good faith and for value, other than parties defendant, before the time when the copy is deposited as aforesaid, and no attachment shall be valid against such purchasers as to any particular parcel of land, or as to any particular leasehold estate as aforesaid, in any case where the name of the owner thereof under which he acquired title thereto as appears on the public records is not included in the writ unless the writ is seasonably amended to include such name and then only from the time when a correspondingly amended copy is deposited as aforesaid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 67 - Fraudulently Conveyed Realty; General Provisions

Section 67. If an attachment on mesne process is made of land, or of a right or interest therein, which has been fraudulently conveyed by the debtor to a third person, or which has been purchased by the debtor, or the purchase money of which has been directly or indirectly paid by him, and the title thereto has been retained in the vendor or conveyed to another person, with the intent and for the purpose of fraudulently securing the land from attachment by a creditor of such debtor, or with the intent and for the purpose of delaying, defeating or defrauding creditors, or which is held on a trust for the debtor, express or implied, whereby he is entitled to a present conveyance, or which was acquired by the debtor by a deed describing him as trustee, regardless of the validity of the trust or the legal effect of the designation as trustee, it shall not be valid against a subsequent attaching creditor, or against a subsequent purchaser in good faith and for value, unless the officer in addition to the return required by sections sixty-two and sixty-three also returns a brief description of the land which has been attached, by its locality, situation, boundaries or otherwise as known to him, and the names of the persons in whom the record or legal title stands.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 68 - Fraudulently Conveyed Realty; Duty of Register

Section 68. The register in such case, in addition to the names of the parties to the action which he is required to enter as provided in section sixty-five, shall also enter in his docket of attachments the names of the persons in whom the record or legal title stands, as returned by the officer, in the same manner as if the estate of such persons were attached as defendants in the action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 69 - Papers in Actions in Federal Courts; Duties of Registers

Section 69. Registers of deeds shall perform the same duties relative to the filing and entering of copies of writs and other papers in actions commenced in the courts of the United States which affect the title to land by attachment or otherwise as are required relative to the filing and entering of such papers in such actions commenced in the courts of the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 70 - Encumbered Realty

Section 70. An attachment of land which is subject to a mortgage or other encumbrance shall, if the mortgage is redeemed or the encumbrance is removed before the levy of the execution, hold the land discharged of the mortgage or encumbrance, and execution may be levied in the same manner and with the same effect as if it had never existed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 72 - Attachment of Property in Possession of Bailee; Limitation

Section 72. If goods are delivered to a carrier or other bailee by the owner or by a person whose act in conveying title to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them, they cannot thereafter, while in the possession of such bailee, be attached by trustee process or otherwise, or be levied upon, unless the document be first surrendered to the bailee or its negotiation enjoined. The bailee shall not be compelled to deliver up the actual possession of the goods until the document is surrendered to him or impounded by the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 73 - Carrier or Warehouseman; Property in Possession

Section 73. Except as provided in the preceding section, property in the possession of a carrier or warehouseman may be attached by trustee process or otherwise; but if the bill of lading or receipt, though non-negotiable, has been transferred, and the carrier or warehouseman notified of the transfer, the title of the transferee shall not be defeated by an attachment in a suit against a prior owner of the goods.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 74 - Mortgaged or Sold Under Conditional Sales Contract

Section 74. Personal property of a debtor which is subject to a mortgage, pledge or lien, and of which he has the right of redemption, or personal property sold under a contract of conditional sale reserving title in the vendor, may be attached and held as if it were unencumbered, if the attaching creditor pays or tenders to the mortgagee, pledgee, lienor, conditional vendor, or his assigns, the amount for which the property is so liable within ten days after demand as hereinafter provided.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 75 - Mortgagee, Lienor, or Conditional Vendor; Duty to State Account

Section 75. Within a reasonable time after such property has been attached, or, in the case of property subject to a recorded mortgage or covered by a financing statement filed pursuant to the provisions of chapter one hundred and six, within a reasonable time after written notice of the attachment, the mortgagee, pledgee, lienor, conditional vendor or secured party, or his assigns, may demand payment of the money for which the property is liable, giving a just and true account of the debt or demand for which the property is liable to him, showing clearly the balance thereof, whether then payable or payable thereafter, and accompanying it by a reference to the record of recording of a mortgage or the record of filing of a financing statement. Such demand shall be served, either in hand or by registered mail with a request for a return receipt, upon the attaching creditor, or his attorney, or the attaching officer. If the balance as stated in the account, whether then payable or not, is not paid, or tendered to the mortgagee, pledgee, lienor, conditional vendor or secured party, or his assigns, within ten days after such service, the attachment shall be dissolved and the attaching creditor shall be liable to him for any damage he has sustained by the attachment, and the property shall be restored to the person entitled thereto.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 76 - Excessive Demands; Penalty

Section 76. If the mortgagee, pledgee, lienor or conditional vendor, or his assigns, demands and receives more than the amount due to him, he shall be liable to the attaching creditor for the excess, with interest thereon at the rate of twelve per cent a year.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 77 - Proceeds of Sale; Payment of Creditors

Section 77. If property which has been attached and redeemed by the attaching creditor, as aforesaid, is sold on mesne process or on execution, the proceeds thereof, after deducting the charges of the sale, shall be first applied to repay to the attaching creditor the amount so paid by him, with interest.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 78 - Redemption of Mortgage; Duty of Debtor to Repay Redemption Price

Section 78. If the attaching creditor, after having redeemed the property, does not recover judgment, he may nevertheless hold the property until the debtor repays to him the amount or amounts which he paid for the redemption, or as much thereof as the debtor would have been obliged to pay to the mortgagee, pledgee, lienor or conditional vendor, or his assigns, or any of them, if the property had not been attached, with interest from the time when it was demanded of the debtor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 79 - Holder of Encumbrance; Summoning; Examination

Section 79. Personal property upon which a mortgage or lien is claimed, or which is claimed to have been sold under a contract of conditional sale reserving title in the vendor, may be attached as if unencumbered; and the mortgagee, pledgee, lienor or conditional vendor, or his assigns, may be summoned in the same action in which the property is attached as the trustee of the mortgagor, pledgor, lienee or conditional vendee, or his assigns, to answer such questions as may be put to him by the court or by its order relative to the consideration of the alleged mortgage, pledge, lien or contract of conditional sale, and the amount due thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 80 - Amount Due; Determination

Section 80. If, upon such examination, or, upon the verdict of a jury as provided in section eighty-one, it appears that the mortgage, pledge, lien or contract of conditional sale is valid, the court, having first ascertained the amount justly due upon it, may direct the attaching creditor to pay the same to the mortgagee, pledgee, lienor or conditional vendor, or his assigns, within such time as it orders; and if he does not pay or tender the amount within the time prescribed the attachment shall be void and the property shall be restored.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 81 - Validity of Mortgage; Determination

Section 81. If the attaching creditor denies the validity of the mortgage, pledge, lien or contract of conditional sale, and moves that its validity be tried by jury, the court shall order such trial upon an issue which shall be framed under its direction. If, upon such examination or verdict, the mortgage, pledge, lien or contract of conditional sale is adjudged valid, the mortgagee, pledgee, lienor or conditional vendor, or his assigns, shall recover his costs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 82 - Creditor to Retain Amount Paid by Him

Section 82. When the creditor has paid to the mortgagee, pledgee, lienor or conditional vendor, or his assigns, the amount ordered by the court, he may retain out of the proceeds of the property attached, when sold, the amount so paid with interest, and the balance shall be applied to the payment of his debt.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 83 - Creditor; Right to Hold Property Until Repaid Upon Failure to Recover Judgment

Section 83. If the attaching creditor, after having paid the amount ordered by the court, does not recover judgment, he may nevertheless hold the property until the debtor has repaid with interest the amount so paid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 83a - Application of Secs. 74 to 83

Section 83A. Sections seventy-four to eighty-three, inclusive, shall not apply to security interests in personal property which are recordable under section nine—four hundred and one (1)(
b
) of chapter one hundred and six.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 84 - Insufficient Service of Process; Dismissal of Action or Further Service

Section 84. If in a civil action the defendant makes a motion to dismiss the action for insufficient service of process, the court may dismiss the action without prejudice or may quash the process and allow the issuance and service of new process in accordance with the applicable rules of court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 86a - Equitable Attachments; Allowance After Entry of Judgment

Section 86A. Upon motion of the plaintiff at any time after entry of a judgment in his favor in the supreme judicial court, superior court, housing court of the city of Boston, western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court depart mentor housing court of the county of Worcester but before the expiration of the time to appeal therefrom or, if an appeal is claimed, during the pendency thereof, such court shall have jurisdiction by appropriate procedure and process to cause to be reached, held and thereafter applied in payment of any such judgment or decree in his favor in such action or suit the same kind of property, right, title or interest, legal or equitable, of a defendant, within or without the commonwealth, which may be reached and applied under clauses (6) and (7) of section three of chapter two hundred and fourteen, and any property, right, title or interest, legal or equitable, real or personal, including any shares or interests in corporations organized under the laws of the commonwealth or of the United States, and located or having a general office in the commonwealth, fraudulently conveyed by the defendant with intent to defeat, delay or defraud his creditors or to defeat or delay the plaintiff in the satisfaction of his claim, 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 defendant or to defeat or delay the plaintiff in the satisfaction of his claim; provided, that, in reaching and applying hereunder the interest of a partner in partnership property, the business of the partnership shall not been joined or otherwise interrupted further than to restrain the withdrawal of any portion of the defendant's share or interest therein until final judgment or decree in such action or suit. If such equitable relief is granted, the defendant may give to the plaintiff a sufficient bond payable to him with sureties approved by the court conditioned to pay him the amount of his judgment within thirty days of the date when execution may issue upon such judgment, and, upon the filing of such bond with the clerk, the court shall proceed no further in the proceedings to reach and apply and any injunction previously issued in the course of such proceedings shall be dissolved.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 87 - Sale of Attached Personal Property

Section 87. Personal property which has been attached on one or more writs may, if the debtor and all the attaching creditors consent in writing, subject to sections seventy-four to eighty-three, inclusive, be sold by the attaching officer in the manner provided by law for selling like property on execution; and the proceeds of the sale, after deducting the necessary charges, shall be held by the officer subject to the attachments and be disposed of as the property would have been held and disposed of had it remained unsold.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 88 - Perishable Property; Appraisal and Sale

Section 88. If an attachment is made of animals or of goods which are liable to perish, waste or greatly decrease in value by keeping, or which cannot be kept without great and disproportionate expense, and the parties do not consent to a sale thereof as before provided, the property so attached shall, subject to sections seventy-four to eighty-three, inclusive, upon the application of either of the parties interested to the attaching officer, be examined, appraised and sold or otherwise disposed of in the manner following.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 89 - Perishable Property; Appraisal and Sale; Proceedings

Section 89. Upon such application, the attaching officer shall give notice to all the other parties or their attorneys, prepare a schedule of the goods and cause three disinterested persons acquainted with the nature and value of such goods to be appointed and sworn before a magistrate or the attaching officer to the faithful performance of their duty as appraisers.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 90 - Absent Defendant; Notice

Section 90. If the defendant is not within the commonwealth and has no attorney therein, the notice in writing shall be left at his last and usual place of abode, if any, in the commonwealth; otherwise, it shall be delivered to, or left at the dwelling house or place of business of, the person who had possession of the property at the time of the attachment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 91 - Appraisers; Manner of Appointment

Section 91. One appraiser shall be appointed by the creditor or creditors in the several actions, one by the debtor or debtors, and one by the officer; and if the debtors or creditors, respectively, neglect to appoint such appraiser, or do not agree in the nomination, the officer shall appoint one in their behalf.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 92 - Perishable Property; Sale After Appraisal

Section 92. The appraisers shall examine the attached property and, if in their opinion it, or a part thereof, is liable to perish or waste or to greatly decrease in value by keeping or cannot be kept without great and disproportionate expense, they shall appraise the value thereof and the property shall thereupon be sold by the officer and the proceeds held and disposed of as provided in section eighty-seven, unless the goods are taken by the debtor as provided in the following section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 93 - Perishable Property; Delivery to Debtor; Condition

Section 93. The property so appraised shall, if he requires it, be delivered to the debtor upon his depositing with the attaching officer the appraised value thereof in money, or upon giving bond to the officer in a sufficient sum, with two sufficient sureties, conditioned to pay to him the appraised value of the property or to satisfy all such judgments as may be recovered in the actions in which the property was attached, if demanded within the time during which the property would have been held by the respective attachments or within thirty days after the time when the creditors, respectively, would have been entitled to demand payment out of the proceeds of the property if it had been sold as before provided.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 94 - Bond; Duty to Return With Writs

Section 94. The officer who takes such bond shall return it with the writ on which the first attachment is made in like manner as bail bonds are returned, with a certificate of his doings therein; and if the bond is forfeited, any of the attaching creditors may bring an action thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 95 - Action on Bond; Executions for Costs Against Attaching Creditors

Section 95. If judgment is rendered for the defendants in an action on such bond, executions for the costs shall be issued against the attaching creditors by whom the action was brought.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 97 - Action on Bond; Distribution of Money by Court

Section 97. The court may, upon a hearing, determine the rights of the several attaching creditors and award a separate execution for the amount due or payable to each, to be served and levied to his own use in the manner provided when a judgment is rendered on an administration bond; or it may award one execution for the whole amount due on the bond and cause the money received to be distributed among the creditors according to their respective rights.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 98 - Action on Bond; Protection of Prior Attachments

Section 98. No judgment or execution shall be awarded for the use of a creditor without reserving as much as may be due upon any prior attachment, whether the creditor in such prior action is or is not one of those by whom the action on the bond is brought.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 99 - Action on Bond; Right of Creditor Not Joining

Section 99. A creditor who is entitled to the benefit of the bond, and who has not joined in bringing the action thereon may, upon motion at any time before final judgment, intervene in the action upon terms.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 101 - Creditors; Payment and Satisfaction

Section 101. If property which has been sold, or appraised and delivered to the debtor, in the manner before provided is attached by several creditors, any one of them may demand and receive satisfaction of his judgment, notwithstanding a prior attachment, if he is otherwise entitled to demand the money, and if a sufficient amount of the proceeds of the property, or of its appraised value, remains to satisfy all prior attachments.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 102 - Appraisal at Request of Part Owner

Section 102. If personal property of two or more part owners is attached in an action against one or more of them, it shall, upon the request of any other part owner, be examined and appraised in the manner provided in sections eighty-eight to ninety-two, inclusive, except that the part owner who makes the application shall, and the debtor shall not, appoint one of the appraisers. This section shall not apply to partnership property.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 103 - Delivery to Part Owner; Conditions Precedent

Section 103. The property so appraised shall be delivered to the part owner at whose request it was appraised, upon his giving bond to the attaching officer in a sufficient sum, with two sufficient sureties, conditioned to restore such property in like good order or to pay to the officer the appraised value of the defendant's share or interest therein, or to satisfy all such judgments as may be recovered in the action in which it is attached, if demanded within the time during which the property would have been held by the respective attachments. Sections ninety-four to one hundred, inclusive, shall apply to such bond and to an action thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 104 - Pledge of Property

Section 104. If such appraised value or any part thereof is so paid, the defendant's share of the property shall thereby become pledged to the party to whom it was delivered, and he may sell it, if not redeemed, and shall account to the defendant for the remaining proceeds of the sale.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 106 - Dissolution of Prior Attachment: Application

Section 106. If real or personal property has been attached in an action, any person, other than the parties, who claims title or interest therein by a subsequent attachment, purchase, mortgage or other title, may dispute the validity and effect of such prior attachment on the ground that the amount demanded in the first action was not justly due or was not payable when it was commenced, by filing a petition in the court in which the first action is pending, at any time before final judgment therein, stating the facts and circumstances on which his petition is founded, and the grounds of his own claim, and praying that the prior attachment may be dissolved.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 107 - Affidavit and Bond

Section 107. The petitioner, or a person in his behalf, shall make oath that his claim is just and legal and that all the other facts stated in the petition are true or are believed by the deponent to be true; and, upon filing the petition, the petitioner, or a person in his behalf, shall give a bond or recognizance with sufficient surety, conditioned to pay to the adverse party such damages and costs as may be awarded to him upon the petition.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 108 - Dissolution of Prior Attachment; Finding of Court

Section 108. If the court finds that a part of the amount demanded in the prior action is not justly due, or was not payable when the action was commenced, it shall order the attachment dissolved in whole or in part as justice requires; but such order shall have no other effect on the prior action. If the hearing is in the supreme judicial or superior court, the court shall, upon motion, order a jury trial of any question of fact.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 109 - Dissolution of Prior Attachment; Effect of Pleadings

Section 109. The proceedings between the adverse claimants or plaintiffs shall not be affected by any pleading or other act of the defendant in the prior action nor by the judgment rendered therein.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 110 - Dissolution of Prior Attachment; Defences

Section 110. No attachment shall be dissolved as aforesaid by reason of a defence to the action which is founded on the laws for the limitation of actions or requiring certain contracts to be made in writing, or by reason of any other like defence, if the court finds that the demand is otherwise well founded and is justly and equitably due.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 112 - Proceeding Upon Appeal

Section 112. If, during the pendency of the proceedings, the action in which the attachment was made is transferred to another court, the inquiry concerning the attachment shall be transferred to the same court and be there heard and determined.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 113 - Judgment; Force and Effect

Section 113. The judgment of the court upon such an inquiry, whether the attachment is thereby vacated or held to be valid and effectual, shall be a bar to any action which may be brought by the petitioner against the party who made the attachment for any supposed fraud or deceit therein.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 223 - Commencement of Actions, Service of Process › Section 113a - Method of Dissolving, Discharging or Reducing Attachments

Section 113A. Attachments in all cases in law, equity or probate courts of the commonwealth shall be dissolved, discharged or reduced in whole or in part without order of court by any method provided in this chapter.