An execution shall be issued only when requested.
Commentary
Executions obtained in small claims can be very useful to a judgment creditor in realizing its judgment against the defendant. When an execution is requested by a judgment creditor, the execution shall be issued by the court without inquiry as to the reason why the judgment creditor is requesting the execution. Executions are not needed for the payment hearing nor for the issuance of a capias. A small claim action need not be dismissed when the judgment creditor requests an execution. Execution shall issue fifteen court days after the date of judgment (Uniform Small Claims Rule 7 [f]) unless the case is appealed for jury trial. G.L. c. 235, s. 16. A plaintiff who has obtained an execution need not surrender it to enforce a payment order, but may not obtain a double satisfaction. Uniform Small Claims Rule 7(i).
Most often, executions in small claims are needed for extrajudicial purposes. The Registry of Motor Vehicles requires an execution to suspend a defendant’s license for an unpaid property damage judgment. G.L. c. 90, s. 22A. Motor vehicle insurance companies often require an execution before they will pay a contested claim. In these cases, the plaintiff should be informed to request an execution.