Mass. Gen. Laws » Part I Title II Chapter 12
Massachusetts General Laws

Mass. Gen. Laws ch. 12, § 28 (2026)

Suits on recognizances; discontinuance

✓ current as of July 2026
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Section 28. District attorneys shall commence suits upon recognizances in criminal cases within their respective districts within sixty days after default has been entered of record, or after they have satisfactory evidence of an act which would cause a forfeiture thereof, and shall prosecute them without delay. Such suits shall not be discontinued except with consent of the court or upon a certificate, signed by the sheriff or his deputy and filed in court, that the amount of the recognizance and the costs of suit have been paid to him. They may, however, be begun after the expiration of said sixty days.

Notes of Decisions
Cited in 3 cases, 1975–2011 · leading case: Commonwealth v. Bautista, 945 N.E.2d 341 (Mass. 2011).
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Commonwealth v. Bautista, 945 N.E.2d 341 (Mass. 2011). · cites it 2× “, 366 Mass, at 614-615, where the court explained, citing G. L. c. 12, § 28, that “[a]fter the default has been entered, the Commonwealth must initiate proceedings to obtain a judgment on the forfeiture of the bonds.”
Commonwealth v. The Stuyvesant Ins. Co., 321 N.E.2d 811 (Mass. 1975). “G. L. c. 12, § 28. See G. L. c. 276, §§ 71, 74, 75, 76.”
Commonwealth v. Gomez, 940 N.E.2d 488 (Mass. App. Ct. 2011). “G. L. c. 12, § 28. See G. L. c. 276, §§ 71, 74, 75, 76.”
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