The short version
Massachusetts adopted its version of the Uniform Enforcement of Foreign Judgments Act, effective April 1, 2019 (G.L. c. 218, § 4A). Before then, Massachusetts was one of the few states that made judgment creditors file an entirely new lawsuit on the judgment. Now a judgment from another state that's entitled to full faith and credit can be registered with a Massachusetts court. After registration, notice to the debtor and a short waiting period, it can be enforced with the same tools as a Massachusetts judgment.
How registration works
- Get an authenticated copy of the judgment from the court that entered it.
- File it with a Massachusetts court, together with an affidavit identifying the judgment creditor and debtor.
- Notice goes to the debtor, who has a limited opportunity to raise the narrow defenses available against a sister-state judgment, such as lack of jurisdiction in the original case, or to seek a stay if an appeal is pending.
- After the waiting period, an execution can issue, and every Massachusetts enforcement tool is available.
The original dispute isn't reopened. The Constitution's Full Faith and Credit Clause requires Massachusetts to respect a valid judgment from another state.
When a new action is better
The statute keeps the older option of filing an action on the judgment. That can be the better route when you need more than registration provides, for example:
- You need relief against someone who wasn't a party to the original judgment, such as a company or relative who received the debtor's assets
- You want to pair enforcement with a fraudulent transfer claim or a reach-and-apply action in the Superior Court
- You want an immediate attachment or trustee process while the case is pending
Massachusetts appellate courts have confirmed that a creditor can register a judgment and also pursue related relief in the Superior Court.
After it's enforceable here
- Levy on Massachusetts real estate
- Trustee process on bank accounts and money owed to the debtor
- Supplementary process: examination of the debtor under oath and court-ordered payments
- Post-judgment discovery to locate assets
More detail on each is on the judgment collection page.
Federal and foreign-country judgments
A judgment from a federal court in another district is usually registered in the federal court for the District of Massachusetts under federal law, a different process from the state procedure above. Judgments from other countries follow different rules altogether. If you have one of those, ask me before assuming either process applies.
Fees
Because liability has already been decided, judgment enforcement is often a good fit for a contingency fee. What I need to see is whether there are Massachusetts assets worth reaching, and I'll look before we agree on terms. I generally take judgments of $100,000 or more. How fees work.
What to send
- A copy of the judgment and the court's docket
- Whether any appeal is pending
- Everything you know about the debtor's Massachusetts property, bank, employer or business
- Any payments received
Request a case review or call (617) 230-2779. Clients outside Massachusetts can work with me entirely by phone, video and e-signature. More for out-of-state clients.