Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 59 (2026)

Duration of attachment after judgment

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 59. Upon judgment for the plaintiff in a civil action, property which has been attached in connection with said action shall remain subject to attachment for thirty days after the date which appears on the execution issued upon such judgment pursuant to chapter two hundred and thirty-five, unless sooner dissolved.

If property has been attached in Nantucket county and judgment for the plaintiff rendered in another county, or if judgment is rendered in Nantucket county and property has been attached in another county, it shall be held in like manner, subject to the same conditions, for a period of sixty days.

The provisions of this section shall apply to property attached upon a counterclaim when judgment is rendered for the defendant upon such counterclaim.

Notes of Decisions

Cited in 14 cases, 1921–2011 · leading case: McGrath v. Worcester Cnty. Nat'l Bank, 338 N.E.2d 361 (Mass. App. Ct. 1975).

Sort: Relevance Newest Treatment

McGrath v. Worcester Cnty. Nat'l Bank, 338 N.E.2d 361 (Mass. App. Ct. 1975). · cites it 8× “We are of the opinion that the decree was based on a misunderstanding of the interrelationship between two statutes — G. L. c. 223, § 59, and G. L. c. 236, § 4 — and was therefore erroneous.”

Everett Credit Union v. Allied Ambulance Servs., Inc., 424 N.E.2d 1142 (Mass. App. Ct. 1981). “No claimant challenges the levy and execution, see G. L. c. 223, § 59, and G. L. c. 236, § 4 (as in effect prior to St.”

Middlesex Sav. Bank v. Johnson, 777 F. Supp. 1024 (D. Mass. 1991). “The Judgment Creditors argue that they had rights as a secured creditor as of December 7, 1988 because on that date their attachment was recorded and it was later perfected by levying the execution, pursuant to Mass.Gen.L. ch. 223, § 59, within 30 days.”

In Re Carney, 47 B.R. 296 (Bankr. D. Mass. 1985). “M.G.L. c. 223, § 59 (1977). To preserve an attachment, an execution must be recorded in the appropriate Registry of Deeds within forty days of the date of issuance of the execution.”

In Re McConchie, 94 B.R. 245 (Bankr. D. Mass. 1988). “M.G.L. c. 223 § 59; McGrath v. Worcester County National Bank, 3 Mass.”

Cullen v. E.I. Dupont Denemours & Co., Inc. (In Re Antinarelli Enter., Inc.), 49 B.R. 412 (Bankr. D. Mass. 1985). “Moreover, the appointment of a receiver provides a creditor with leverage only to the extent that “appointment of a receiver divests the defendant of control of the property, restricts the sale of the property and installs the receiver as property manager.”

Moseley v. Moseley, 132 N.E. 417 (Mass. 1921). “The final judgment in favor of the petitioner was entered December 6, 1920, execution 'did not issue until January 14, 1921, and the pending petition was not brought until March 21,1921.”

Little v. Ellis, 1988 Mass. App. Div. 1 (Mass. Dist. Ct., App. Div. 1988). “Pursuant to G. L. c. 223, § 59, an attachment expires thirty days after final judgment if the subject property is not seized or taken on execution.”

Solans v. McMenimen, 951 N.E.2d 999 (Mass. App. Ct. 2011). “236, § 4; G. L. c. 223, § 59. On August 25, 2008, the plaintiffs filed the present action in the Land Court seeking a determination that their attachment constitutes an encumbrance on the property superior to the mortgage now held by Specialty Mortgage.”

Still Assocs., Inc. v. Porter, 508 N.E.2d 621 (Mass. App. Ct. 1987). “685, which extended the attachment for thirty days after execution on the judgment but required a levy within that period, and the provision of G. L. c. 236, § 4 (as in effect prior to St.”

St. Mary's Credit Union v. Mavretic, 1999 Mass. App. Div. 159 (Mass. Dist. Ct., App. Div. 1999). “236, §4 and G.L.c. 223, §59 for its now outdated argument that an attachment does not remain in effect after judgment unless the execution is recorded within forty days of judgment, and there is a levy on such execution within thirty days of judgment.”

Citibank, N.A. v. Leahy, 19 Mass. L. Rptr. 219 (Mass. Super. Ct. 2005). · cites it 3× “236, §4 and G.L.c. 223, §59, prior to the most recent amendments, required a judgment creditor who had secured an attachment to obtain and record a writ of execution in order to preserve its lien).”

Show all 14 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.