Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 42 (2026)

Property subject to attachment

✓ current as of July 2026

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Section 42. All real and personal property liable to be taken on execution, except such personal property as, from its nature or situation, has been considered as exempt according to the principles of the common law as adopted and practiced in the commonwealth, or which is specifically exempt from execution under section thirty-four of chapter two hundred and thirty-five, and except as provided in the four following sections, may be attached upon a writ of attachment in any action in which the debt or damages are recoverable, and may be held as security to satisfy such judgment as the plaintiff may recover; but no attachment of land shall be made on a writ returnable before a district court unless the debt or damages demanded therein exceed twenty dollars.

Notes of Decisions

Cited in 28 cases (6 in the last 5 years), 1926–2025 · leading case: Bay State Harness Horse R. & B. Ass'n v. PPG Indus., Inc., 365 F. Supp. 1299 (D. Mass. 1973).

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Bay State Harness Horse R. & B. Ass'n v. PPG Indus., Inc., 365 F. Supp. 1299 (D. Mass. 1973). · cites it 5× “Breitstein it is agreed that Breitstein commenced an action of'contract against Englander, as trustee of Housman Realty Trust, by a writ dated November 2, 1972, whereby an attachment in the amount of $100,000 of the real estate of Englander was made in accordance with the…”

In Re MacDonald, 326 B.R. 6 (Bankr. D. Mass. 2005). · cites it 5× “The Debtor The Debtor cites Mass. Gen. Laws. ch. 223, § 42, which governs attachment of certain real and personal property.”

Wood v. Wood, 342 N.E.2d 712 (Mass. 1976). · cites it 2× “223A, § 3 (c), and jurisdiction based on an attachment of her interest in real estate under G. L. c. 223, §§ 42, 62-70, as amended through St.”

Micro Signal Rsch., Inc. v. Otus, 417 F.3d 28 (1st Cir. 2005). “” Mass. Gen. Laws ch. 223 § 42 (2002); Mass.”

Anderson Foreign Motors, Inc. v. New England Toyota Distrib., Inc., 475 F. Supp. 973 (D. Mass. 1979). “1; M.G.L. c. 223, § 42, stock cannot be attached in an action seeking only money damages, M.”

Brady v. Brady, 403 N.E.2d 1174 (Mass. 1980). “223A, § 3 (g), and jurisdiction based on attachment of the defendant’s interest in real estate pursuant to G. L. c. 223, §§ 42, 62-70. 9 General Laws c.”

Sakab Saudi Holding Co. v. Aljabri, 58 F.4th 585 (1st Cir. 2023). “1(c); see also Mass. Gen. Laws ch. 223, § 42 (2022) (providing (with - 38 - exceptions not relevant to this case) that all real property "may be attached upon a writ of attachment in any action in which the debt or damages are recoverable, and may be held as security to satisfy…”

Rubin v. the Islamic Repub. of Iran, 456 F. Supp. 2d 228 (D. Mass. 2006). “Mass. Gen. Laws ch. 223, § 42 (authorizing attachment of “[a]ll real and personal property liable to be taken on execution, except such personal property as, from its nature or situation, has been considered as exempt according to the principles of the common law as adopted and…”

Gardiner v. Rogers, 166 N.E. 763 (Mass. 1929). · cites it 2× “G. L. c. 223, § 42, provides that all real estate and personal property liable to be taken on execution, with certain exceptions not material to the issue in the present case, may be attached.”

Magaw v. Beals, 172 N.E. 347 (Mass. 1930). · cites it 2× “Under the writ in the original action brought by the defendant attachment of property liable to be taken on execution was authorized and the attachment made would remain valid until final judgment for the defendant in the case, unless reduced or dissolved in the manner provided…”

Peebles v. Minnis, 521 N.E.2d 1372 (Mass. 1988). “G. L. c. 223, § 42 (1986 ed.). The plaintiff argues that the property in question is not “liable to be taken on execution,” because G.”

Quaranto v. Silverman, 187 N.E.2d 859 (Mass. 1963). “Even if the defendant had attached only the wife’s interest in this property, the attachment would have been an encumbrance on the property and the damage, if any, to the husband would have resulted in any event. If the attachment of the husband’s interest would conceivably have…”

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