Massachusetts General Laws

Mass. Gen. Laws ch. 235, § 23 (2026)

Execution on judgments against fiduciaries, sheriffs, etc.; execution for possession of rented or leased dwelling

✓ current as of July 2026

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Section 23. Original executions issuing on judgments against executors, administrators, trustees and other fiduciary officers in their representative capacity, including any such original execution running against two or more parties, any one or more of whom are fiduciary officers as aforesaid in their representative capacity, or against sheriffs under section ten of chapter thirty-seven, or on special judgments entered under section twenty-four, shall be made returnable within sixty days after the date of the execution. Except as hereinafter provided, in all other cases, original executions shall be made returnable within twenty years after the date of the judgment.

Executions for possession of premises rented or leased for dwelling purposes obtained in actions pursuant to chapter two hundred and thirty-nine shall not be issued later than three months following the date of judgment, except that any period during which execution was stayed by order of the court or by an agreement of the parties filed with the court shall be excluded from the computation of the period of limitation. Such executions shall be made returnable within three months after the date of issuance and shall state the date of issuance and the return date. No sheriff, constable, officer, or other person shall serve or levy upon any such execution for possession later than three months following the date of the issuance of the execution.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1924–2024 · leading case: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019).

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Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019). · cites it 2× “; G. L. c. 235, § 23 ("Executions for possession of premises rented or leased for dwelling purposes obtained in actions pursuant to [G.”

Perry v. First Citizens Fed. Credit Union, 304 B.R. 14 (D. Mass. 2004). “Mass. Gen. Laws ch. 235, § 23 . 6 . Section 502(b)(9) was added to the Bankruptcy Code by the 1994 Bankruptcy Reform Act to “govern the effects of a tardily filed claim.”

Teschke v. Keller, 650 N.E.2d 1279 (Mass. App. Ct. 1995). “See also G. L. c. 235, § 23; Mendler, Massachusetts Conveyancers’ Handbook § 5:12.”

Comm'r of Banks v. Cosmopolitan Trust Co., 142 N.E. 100 (Mass. 1924). “The words of said § 46, requiring that “ the execution has been returned unsatisfied,” do not mean that such return cannot take place until sixty days after its date, which is the common return day of executions.”

Still Assocs., Inc. v. Porter, 508 N.E.2d 621 (Mass. App. Ct. 1987). “G. L. c. 235, § 23. The property was “taken on execution” no earlier than January 6, 1978.”

Fort Point Investments, LLC v. Kirunge-Smith (Mass. App. Ct. 2024). · cites it 4× “We conclude, however, that reissuance of the execution was barred by G. L. c. 235, § 23, second par., which provides generally that an execution for possession in a summary process action shall not be issued later than three months after judgment.”

Campbell v. Anusbigian, 153 N.E.2d 757 (Mass. 1958). “L. c. 197, § 13. There was no occasion to order retention of assets to pay this claim which had been reduced to judgment.”

Krulewich, Casher, P.C. v. Stefano Picciotto & Others. (Mass. App. Ct. 2024). · cites it 2× “position is comprised of two components: (1) that "return day" refers not to the date twenty years after the date of the judgment, see G. L. c. 235, § 23 ("original executions shall be made returnable within twenty years after the date of the judgment"), but rather to the…”

CDM Smith Inc. v. Atasi (D. Mass. 2022). “CDM also seeks a declaratory judgment: (a) that the KSA Instrument did not require CDM to pay Atasi a salary in addition to the compensation he received pursuant to his at-will employment arrangement; and (b) that the KSA Award is not recognized or conclusive under the…”

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