Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 122 (2026)

Debtor's fees and costs

✓ current as of July 2026

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Section 122. If the attachment is dissolved and the defendant prevails, his costs shall include the fees of the magistrate and the premium or premiums paid for the bond dissolving such attachment, if it be a surety company bond.

Notes of Decisions

Cited in 4 cases, 1968–1991 · leading case: Creed v. Apog, 386 N.E.2d 1273 (Mass. 1979).

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Creed v. Apog, 386 N.E.2d 1273 (Mass. 1979). · cites it 4× “G. L. c. 223, § 122, and Mass. R Civ. P. 54(d), 365 Mass.”

Creed v. Apog, 376 N.E.2d 154 (Mass. App. Ct. 1978). “Pursuant to G. L. c. 223, § 122, 8 a judge 9 awarded the defendants as an item of taxable costs the $5,850 in premiums which they had paid for the bond, but she refuses to allow as such a cost the expense of obtaining and maintaining the letter of credit.”

Waldman v. Am. Honda Motor Co., 579 N.E.2d 480 (Mass. App. Ct. 1991). “On further appellate review the Supreme Judicial Court reversed, holding that, in the absence of a statute or rule expressly or impliedly to the contrary, Mass.”

Marcus v. Pearce Woolen Mills, Inc., 233 N.E.2d 29 (Mass. 1968). “G. L. c. 223, § 122. This gives some assurance that a purely frivolous or dilatory claim, where attachment is made as a form of harassment, may be swiftly dealt with.”

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