Massachusetts Statutes

Section 9. (a) A court of this commonwealth may order service upon any person who is domiciled or can be found within this commonwealth of any document issued in connection with a proceeding in a tribunal outside this commonwealth. The order may be made upon application of any in…

Section 1. The word ''court'', in this chapter, shall include a justice of such court, and a special justice thereof when exercising the functions of a justice. The words ''person'', ''defendant'', ''party'', and ''debtor'', in this chapter shall include a natural person, a corpo…

Section 12. If the defendant or debtor while confined in jail on execution claims support as a poor person, the jailer shall furnish his support at the rate of one dollar and seventy-five cents a week, to be paid by the plaintiff or creditor, who in such case shall, if required b…

Section 14. A judgment creditor or a person in his behalf may file in court an application for supplementary process under this chapter. Upon the filing of such an application, a summons may issue, requiring the judgment debtor to appear at a time and place named therein and subm…

Section 15. The judgment debtor, if appearing, shall be examined on oath as to his or its property and ability to pay; provided, however, if the debtor is a corporation the person examined shall be its president, treasurer, cashier or other officer or agent in charge of the payme…

Section 16. If the court finds that the debtor has no property not exempt from being taken on execution, and is unable to pay the judgment, in full or by partial payments, or if the creditor fails to appear at the examination, personally or by attorney, the proceedings may be dis…

Section 17. The debtor may redeem real property within one year, and personal property within sixty days, after the date of any transfer, assignment or conveyance made under the provisions of section sixteen upon payment of the judgment and costs and the necessary expense actuall…

Section 18. The court may issue warrants for arrest and other processes to secure the attendance of debtors or creditors to answer for any contempt under this chapter. The term debtor, as used in this section shall mean, if the debtor is a corporation or a trust with transferable…

Section 19. At any time pending the examination of the defendant or debtor, the plaintiff or creditor or a person in his behalf may allege charges, to wit: First, That, since the debt was contracted or the cause of action accrued, the defendant or debtor has fraudulently conveyed…

Section 20. If at the examination of the debtor it appears that after service of supplementary process, the debtor has made a payment of money or a conveyance, assignment or transfer of property which is not exempt from being taken on execution, with intent to prevent it from bei…

Section 21. Supplementary proceedings shall be dismissed, and if the debtor or, if a corporation or trust with transferable shares, its officer, trustee or agent, has been imprisoned, he or it shall be discharged from custody, on payment in full to the creditor or his attorney of…

Section 22. The court may issue a writ of habeas corpus to bring before it for examination or disposition or for the purpose of giving bond, a defendant or debtor, or, in the case of a corporation or trust with transferable shares, its officer, trustee or agent who has been impri…

Section 23. Constables qualified to serve civil process, as well as sheriffs and their deputies, shall have authority to serve any process under this chapter.

Section 24. If a debtor committed to prison on a warrant of distress in favor of the commonwealth is unable to pay the debt for which he is imprisoned, he shall be entitled to discharge in like manner as a debtor before a court on supplementary proceedings; and the laws relative …

Section 25. If he represents to the jailer that he desires to be examined relative to his property and ability to pay, the jailer shall notify the proper court. The court shall thereupon appoint a time and place for the examination of the debtor and notify the district attorney f…

Section 26. If the district attorney does not reside in the town appointed for or is unable to attend the examination, he may appoint counsel in his stead. For such attendance, suitable allowance shall be made by the superior court for the county.

Section 28. A person who has been committed to jail for the non-payment of a tax, if since his commitment he has not had any property, real or personal, with which he could have paid the tax, may be discharged at any time in the manner provided by section one hundred and forty-si…

Section 29. If a person arrested on execution becomes an insolvent debtor under the laws of this commonwealth or a bankrupt under the laws of the United States, he shall be discharged upon his application to a district court in the county where the arrest was made, after such not…

Section 30. In any proceeding under this chapter the court may adjourn the case from time to time, and shall have the same powers relative to all other incidents thereto as other courts have in civil actions; and witnesses duly summoned shall attend as required in civil cases.

Section 6. All proceedings for the examination, commitment or discharge of a defendant arrested on execution, and all supplementary proceedings under this chapter as to a judgment debtor, shall be had in the district court within whose judicial district the defendant or debtor wa…

Section 7. Whoever recognizes as surety for another as provided in this chapter may at any time before breach of the recognizance surrender his principal and exonerate himself from further liability, in the manner provided for surrender by bail, and all proceedings on such surren…

Section 8. If the condition of a recognizance or bond taken under this chapter is broken, the creditor may, within one year after such breach, commence an action thereon; and judgment shall be entered for the amount of the penalty, but execution shall issue for so much thereof on…

Section 1. A personal action shall not be maintained against a person not an inhabitant of the commonwealth unless he or his agent appointed under section five or five A has been served with process in the commonwealth, or unless service has been made upon him outside the commonw…

Section 11. If the execution in an action under this chapter, except as otherwise provided, is levied on land, no alienation thereof by the original plaintiff shall prevent the defendant from retaking the same or as much thereof as may be necessary to satisfy the judgment or orde…

Section 12. If the original judgment was for seisin of the land demanded in a real action, the writ of seisin may be issued in favor of the plaintiff without his giving bond; and if the judgment is reversed in whole or in part upon a review or other proceeding, whether sued out o…

Section 13. An action of tort against several defendants, any one of whom is absent from the commonwealth at the time of the service of process, shall be conducted with regard to him relative to the service of process, judgment, review thereof and execution as if he were the sole…

Section 14. An action of contract against several defendants, any one of whom is in the commonwealth and any other of whom is absent, in which the plaintiff recovers judgment shall not be subject to the provisions of this chapter relative to review, giving bond and alienation of …

Section 15. An action of contract against several defendants in which legal service is not made upon all, either by attachment or otherwise, by reason of their absence from the commonwealth or for other sufficient cause, may be prosecuted against those who are duly served with pr…

Section 16. Real actions against several defendants, any one of whom is absent from the commonwealth, shall be conducted relative to him as if he were the sole defendant.

Section 17. The provisions of this chapter relative to judgment, bond and review in actions of tort shall apply to a mixed action if the defendant or one of several defendants is absent from the commonwealth, but, as to the service of process and notice to the defendant, it shall…

Section 2. If an action is brought by a person not an inhabitant of the commonwealth or who cannot be found herein to be served with process, he shall be held to answer to any counterclaim brought against him by the defendant or defendants, if there be more than one, in the forme…

Section 5. Every individual not an inhabitant of the commonwealth and every partnership composed of persons not such inhabitants, having a usual place of business in the commonwealth, temporarily or permanently, or engaged here, temporarily or permanently, and with or without a u…

Section 5A. Except as provided in section five, every non-resident doing business in the commonwealth shall file a certificate with the clerk of each city or town where he does business, setting forth his full name, address and place of business and the trade name under which he …

Section 6. If real property of a non-resident is attached and no personal service is made upon him, the action shall be dismissed unless notice thereof is given, in such manner as the court orders, within one year after the commencement of the action.

Section 7. If a defendant in a civil action is absent from the commonwealth or his residence is unknown to the officer serving the summons and complaint, and no personal service has been made on him or his agent appointed under section five, or if the service of process is defect…

Section 8. If, after such notice, the defendant does not appear within twenty-one days after the day specified therefor, a default shall be entered and judgment rendered against him as provided in section one.

Section 9. If judgment in a personal action is rendered under the preceding section upon the default of a defendant who is absent from the commonwealth or whose residence is unknown, the plaintiff shall not take out execution thereon within one year thereafter, unless he files wi…

Section 1. In addition to the actions which survive by the common law, the following shall survive:— (1) Actions under chapter two hundred and forty-seven; (2) Actions of tort (a) for assault, battery, imprisonment or other damage to the person; (b) for consequential damages aris…

Section 10. If the interest of the deceased party passes to the surviving plaintiffs, or if there is no motion for the admission of an heir or devisee at the sitting when the death of the deceased party is suggested or within such further time as the court allows, the surviving p…

Section 11. If the defendant in a real or mixed action dies before final judgment, his heir or devisee of the land demanded may, within such time as the court allows, appear and defend the action, which shall be conducted as if commenced against him. If the heir or devisee does n…

Section 13. If, during the pendency of an action or suit, any party becomes insane, it may be prosecuted or defended by his guardian in like manner as if it had been commenced after the appointment of the guardian, or the court may appoint a guardian for the action, as the case m…

Section 14. An action on a note, bond, contract or other liability made to or with any public officer or trustee appointed under a statute may, after his removal, resignation or death, be commenced or, if pending, may be prosecuted by his successor, as it might have been by the p…

Section 2. An action of replevin or tort by or against an officer for personal property attached by him and claimed or taken by another person shall not be abated by the death of any party, but may be prosecuted by or against his executor or administrator.

Section 3. If judgment in such case is rendered for the executor or administrator of the officer, the property or money recovered shall be disposed of in the same manner as it ought to have been by the officer if he had recovered the same; but if judgment is rendered against such…

Section 4. In a personal action the cause of which survives, if there is only one plaintiff or one defendant and he dies after the commencement of the action and before final judgment, the action may proceed and be prosecuted by or against his executor or administrator, and if th…

Section 4A. In civil actions which are governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure, in such substitution of the executor or administrator shall be in accordance with said rules.