§ 86A — Equitable attachments; allowance after entry of judgment

Massachusetts § 86A

• Jurisdiction: Massachusetts
• Part III: COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
• Title II: ACTIONS AND PROCEEDINGS THEREIN
• Ch. 223: COMMENCEMENT OF ACTIONS, SERVICE OF PROCESS

Text

Section 86A. Upon motion of the plaintiff at any time after entry of a judgment in his favor in the supreme judicial court, superior court, housing court of the city of Boston, western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court depart mentor housing court of the county of Worcester but before the expiration of the time to appeal therefrom or, if an appeal is claimed, during the pendency thereof, such court shall have jurisdiction by appropriate procedure and process to cause to be reached, held and thereafter applied in payment of any such judgment or decree in his favor in such action or suit the same kind of property, right, title or interest, legal or equitable, of a defendant, within or without the commonwealth, which may be reached and applied under clauses (6) and (7) of section three of chapter two hundred and fourteen, and any property, right, title or interest, legal or equitable, real or personal, including any shares or interests in corporations organized under the laws of the commonwealth or of the United States, and located or having a general office in the commonwealth, fraudulently conveyed by the defendant with intent to defeat, delay or defraud his creditors or to defeat or delay the plaintiff in the satisfaction of his claim, or purchased, or directly or indirectly paid for, by him, the record or other title to which is retained in the vendor or is conveyed to a third person with intent to defeat, delay or defraud the creditors of the defendant or to defeat or delay the plaintiff in the satisfaction of his claim; provided, that, in reaching and applying hereunder the interest of a partner in partnership property, the business of the partnership shall not been joined or otherwise interrupted further than to restrain the withdrawal of any portion of the defendant's share or interest therein until final judgment or decree in such action or suit. If such equitable relief is granted, the defendant may give to the plaintiff a sufficient bond payable to him with sureties approved by the court conditioned to pay him the amount of his judgment within thirty days of the date when execution may issue upon such judgment, and, upon the filing of such bond with the clerk, the court shall proceed no further in the proceedings to reach and apply and any injunction previously issued in the course of such proceedings shall be dissolved.