Two tools
Attachment (Mass. R. Civ. P. 4.1; G.L. c. 223) places a lien on the defendant's property, most often real estate. Once the writ of attachment is recorded at the registry of deeds, the defendant can't sell or refinance without dealing with your claim.
Trustee process (Mass. R. Civ. P. 4.2; G.L. c. 246) reaches money that a third party, the "trustee," holds for the defendant: a bank account, receivables owed by the defendant's customers, rent owed by its tenants. Once served, the trustee has to hold the funds pending the case.
What the court needs to see
Either remedy requires a motion supported by an affidavit based on personal knowledge. The court must find that there's a reasonable likelihood you will recover a judgment, including interest and costs, at least equal to the amount you want attached, over and above any liability insurance the defendant shows is available.
That's a meaningful standard but not an impossible one. Signed contracts, notes, guaranties, unpaid invoices and the debtor's own written admissions are the kinds of evidence that meet it. Contested claims that turn on whose story the court believes are harder.
With notice or ex parte
Ordinarily the defendant gets notice and a hearing before an attachment is approved. The court can approve one ex parte, without advance notice, if you show a clear danger that the defendant, once notified, would convey, remove or conceal the property, or would damage it, or that the defendant is not within the court's jurisdiction. After an ex parte attachment, the defendant can move to dissolve it promptly.
Why it works
- It protects against the debtor transferring or encumbering assets while the case is pending.
- It gives you a secured position ahead of later creditors.
- It creates immediate, concrete pressure to settle, often more than the lawsuit itself.
Practical limits
- The attachment is only as good as the equity behind it. A property with heavy mortgages may not be worth attaching.
- A residence may be protected in part by a homestead declaration.
- Some funds, such as certain wages and benefits, are exempt from trustee process.
- Overreaching, by asking for more than the claim supports, invites a motion to reduce the attachment and costs credibility.
Attachments are a regular part of how I handle collection, contract and lease default cases. If you're owed money and worried the other side is moving assets, contact me promptly.
This article is general information about Massachusetts law as of its date, not legal advice for your situation.