Massachusetts Judgment: Types, Records, Duration, and What to Expect
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A judgment is a final determination issued by a court of law following a lawsuit. Judgments can arise from a civil lawsuit, debt collection, or more formally through a criminal case. When a judgment is issued, it is enforceable, entitling the judgment creditor to take action such as putting a claim on the defendant’s property, garnishing money from the defendant’s paycheck, and reporting credit histories for several years thereafter.
What Is a Judgment in Massachusetts?
According to Rule 54 of the Massachusetts Rules of Civil Procedure, a judgment is the act of the trial court finally adjudicating the rights of the parties affected by the judgment. It may require one party to pay money, transfer property, or refrain from certain actions. Once recorded, judgments can be used to collect remedies like liens, levies, or garnishments.
For instance, if a person does not pay their medical bills, a creditor may obtain a judgment from the court that requires the person to pay the debt. In addition, a judgment from a family court may establish alimony obligations or child support. Irrespective of the type, a judgment in Massachusetts can have a major impact on an individual’s finances or property ownership until it is resolved.
Types of Judgments in Massachusetts
Depending on the case, Massachusetts can issue any of these types of judgment:
Declaratory Judgment
This occurs when a judge defines the legal rights or duties of the parties without requiring payment or action.
Summary Judgment
This happens when a court decides a case without a trial because the key facts are not in dispute.
Default Judgment
A default judgment is when the court rules against someone because they did not respond to a lawsuit or participate in the case.
How to Search for Judgments in Massachusetts
In Massachusetts, judgment records are considered public and are accessible through:
- Clerk of Court Offices – In the trial courts, each court clerk maintains both case and judgment records. Interested parties can visit the courthouse to view these records or request certified copies for a nominal fee.
- Massachusetts Trial Court Case Access (MassCourts): This portal allows the public to view judgment records online for civil, criminal, and family cases. Users can search by party name, case number, or case type to find the information they need.
- Third-Party Services – These websites offer remote access to judgment records from various jurisdictions across the United States. Users should check whether the information on these sites is regularly updated.
In Massachusetts, judgment records typically contain the following information:
- Case number
- Names of the parties involved
- Court location
- Judgment date
- The amount owed or relief ordered
Judgment Records in Major Massachusetts Counties
Although Massachusetts has a centralized judicial system, judgment records are managed locally by counties:
- Boston (Suffolk County): Interested parties can find judgment records through the MassCourts portal and at the office of the Superior Court Clerk.
- Worcester (Worcester County): Judgment records for Worcester County are accessible online and through the Superior Court Clerk’s Office.
- Springfield (Hampden County): To locate judgment records in Hampden County, record seekers may visit the courthouse in person or view electronic records online through the MassCourts portal.
Although the MassCourts online system provides broad access to case information, the official copies of judgments are kept in the custody of court clerks.
How Long Does a Judgment Last in Massachusetts?
According to M.G.L.c. 260, § 20, a judgment in Massachusetts is generally valid for 20 years from the date of entry. However, before a judgment expires, a creditor may renew it through certain legal processes.
While the judgment is still legally binding, creditors can collect by placing liens, garnishing wages, or seizing property. For debtors, not paying a judgment can cause financial and property ownership problems.
What Happens After a Judgment Is Entered in Massachusetts?
Once a judgment is entered, creditors have the right to collect on it, and debtors may face financial and legal setbacks.
For Creditors:
- Wage Garnishment: Until the judgment is satisfied, creditors may obtain a court order that requires employers to withhold part of the debtor’s wages.
- Judgment Liens: Creditors may place a lien on a debtor’s real estate, preventing it from being sold until the debt is paid.
- Bank Levies: Creditors may seize funds directly from a debtor’s bank account with court authorization.
For Debtors:
- Credit Reporting: Judgments can appear on credit reports, which may lower credit scores and make it difficult to get more credit.
- Satisfaction of Judgment: After the debt is paid, the creditor must file a Satisfaction of Judgment with the court to clear the debtor from the judgment.
- Appeals or Motions to Vacate: If a judgment is entered unfairly, such as a default judgment without notice, the debtor may appeal or request the court to cancel it.