Massachusetts § 106 Dissolution of prior attachment: application

Massachusetts Statutes

§ 106 — Dissolution of prior attachment: application

Massachusetts § 106

Part IIICOURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES

Title IIACTIONS AND PROCEEDINGS THEREIN

Ch. 223COMMENCEMENT OF ACTIONS, SERVICE OF PROCESS

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Bluebook

Mass. Gen. Laws ch. 223, § 106 (2026).

Text

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.

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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.