Author Topic: Lawyer will not return execution.  (Read 6827 times)

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Bruno the JDB Killer

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wombat_ma

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pmarc

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Re: Lawyer will not return execution.
« Reply #32 on: April 03, 2016 03:11:44 PM »
Look what I found: PARAGRAPH F. http://www.mass.gov/courts/case-legal-res/rules-of-court/trial-court/tc-rule-3-small/small9.html

PARAGRAPH F. A returned execution may not be necessary. And CERTAINLY, by this, you have to believe the dummies in the clerk's office can't do anything except shuffle paper.

Bruno the JDB Killer

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Re: Lawyer will not return execution.
« Reply #33 on: April 03, 2016 03:46:27 PM »
That's what they are paid to do, not look up the rules for all the litigants. Actually, they could get fired for doing that.
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pmarc

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Re: Lawyer will not return execution.
« Reply #34 on: April 03, 2016 04:08:39 PM »
I have a Q about the Affidavit Form:   http://www.mass.gov/courts/docs/forms/district/satisfaction-of-judgment.pdf

Scroll to page 2.

It shows Plaintiff line items. Am I the plaintiff? ( I know I'm not in the original case - but am I in this Affidavit?).

Doesn't matter:  both Plaintiff and defendant are required. Isn't that the problem? Other parties won't do anything.

Wait: all I do is fill in one of the other 5 parties - probably the lawyer/collections firm (because they filed the case, and because they're in-state) . I don't think it asks for their signatures. Just names.
« Last Edit: April 03, 2016 04:30:32 PM by pmarc »

wombat_ma

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Re: Lawyer will not return execution.
« Reply #35 on: April 03, 2016 07:39:38 PM »
No you are the Defendant - it is all part of the same old case, as was the judgment.

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pmarc

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Re: Lawyer will not return execution.
« Reply #36 on: April 03, 2016 07:49:54 PM »
I think i have a good case now, with an affidavit.

With one exception - Gerald's payment receipt shows Chase Manhattan as the creditor. But the execution shows Cache (who bought it from Chase). I think i need to get the receipt revised.

Bruno the JDB Killer

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Re: Lawyer will not return execution.
« Reply #37 on: April 03, 2016 07:55:34 PM »
A good case for what?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

wombat_ma

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Re: Lawyer will not return execution.
« Reply #38 on: April 03, 2016 08:12:25 PM »

...Gerald's payment receipt shows Chase Manhattan as the creditor. But the execution shows Cache (who bought it from Chase). I think i need to get the receipt revised.

Might be worth to try to file as is (noting in the Affidavit that the judgment creditor was Chase's assignee), the court file will show the account numbers are the same. It might work.

But also - let's say you succeed. All the court will do is to enter in the docket file that the judgment is satisfied. After that - what would be the procedure to get the Registry to remove the lien on your property?
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pmarc

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Re: Lawyer will not return execution.
« Reply #39 on: April 03, 2016 08:24:49 PM »
Bruno a good case the get this case marked Satisfied.

pmarc

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Re: Lawyer will not return execution.
« Reply #40 on: April 03, 2016 08:30:16 PM »
I think Chase's assignee is unknown. Because the execution shows Cach LLC as the creditor. There is no mention of Chase. I think knowing who Cach's assignee was, is important. It's probably Cambece.

pmarc

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Re: Lawyer will not return execution.
« Reply #41 on: April 03, 2016 08:31:41 PM »
Wombat good point. The Reg of Deeds file may not get altered just because the clerk's office changes it. I make a note.

wombat_ma

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Re: Lawyer will not return execution.
« Reply #42 on: April 03, 2016 08:42:09 PM »
I think Chase's assignee is unknown. Because the execution shows Cach LLC as the creditor. There is no mention of Chase. I think knowing who Cach's assignee was, is important. It's probably Cambece.

Probably not. Cambece was a Plaintiff's local attorney who likely never owned the debt. But what is important here is to convince the Court that your receipt from MGA satisfies the judgement issued to Cach and not something else. Here is where the Chase account number comes in - it is on the MGA  receipt, and I am sure it is referred to somewhere in the Court file.


Wombat good point. The Reg of Deeds file may not get altered just because the clerk's office changes it. I make a note.

You would probably need some kind of order from the Court, Registry could probably tell exactly what.
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pmarc

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Re: Lawyer will not return execution.
« Reply #43 on: April 04, 2016 06:44:01 PM »
CONCLUSION: Civil liens expire after 6 years, unless re-recorded. It was not. Mine is 7.5 years old.

My debt lawyer said the real estate lawyer, at closing, will take care of it. Worst case, it's only $2600 in question. I could put $2600 in escrow for 6 months to allow future potential claimants to claim the debt, if someone thought debt still owed. Unlikely to happen. No one but a different debt holder would question the genuity of my paid receipt. That won't happen either.

Thanx. It's been interesting and hope any of you having a current problem get it resolved easily.

BTW ... there was a lawyer demanding $750 retainer on this. Why? We can only guess. I suppose it might take him 30 min to find the rules on this, and return the balance of money. But who knows. All's well that ends well. Good luck.

wombat_ma

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Re: Lawyer will not return execution.
« Reply #44 on: April 04, 2016 07:51:49 PM »
CONCLUSION: Civil liens expire after 6 years, unless re-recorded. It was not. Mine is 7.5 years old.

Yes! I forgot about it. In MA real property attachments are valid for 6 years. But probably a good idea to get that notice in the Court file that the judgement had been satisfied. Judgment in MA last 20 years without re-recording.
I am not an attorney. My posts here are not legal advice.

 

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