Small Claims Standards: 9:04 Attachment

The Administrative Office of the Trial Court issues these Standards to assist judges, clerk-magistrates and other personnel of the District Court, Boston Municipal Court, and Housing Court Departments in implementing recently amended Trial Court Rule III, Uniform Small Claims Rules (effective January 1, 2002).

Pretrial attachment is not available in small claims actions. Post judgment Attachment may be permitted where necessary to secure satisfaction of the judgment.

Commentary

Pretrial attachment is not permitted for a small claim. Attachment after judgment may be granted by the court in accordance with statutory provisions and applicable civil rules. Uniform Small Claims Rule 6. This apparently means that in lieu of levy of execution (see Standard 9:04), a judgment creditor may, as part of a civil action brought on the small claims judgment (see G.L. c. 235, s. 14), obtain an attachment (see G.L. c. 223, ss. 42-132) or trustee process (see G.L. c. 246) to secure the amount of the judgment.

In small claims, a real estate attachment may not be granted to secure a judgment of $20.00 or less. G.L. c. 223, s. 42.