Massachusetts General Laws

Mass. Gen. Laws ch. 235, § 36 (2026)

Sale of personalty on execution; costs

✓ current as of July 2026
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Section 36. Personal property seized on execution shall be safely kept by the officer, at the expense of the debtor, for four days at least; and shall be sold by public auction within fourteen days next after the seizure, except as provided in the following sections, unless the debtor before such sale redeems it by otherwise satisfying the execution.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1979–2021 · leading case: Koonce v. Aldo Realty Trust, 392 N.E.2d 549 (Mass. App. Ct. 1979).
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Koonce v. Aldo Realty Trust, 392 N.E.2d 549 (Mass. App. Ct. 1979). “The constable may sell property at public auction to satisfy the judgment in the manner prescribed by G. L. c. 235, §§ 36 through 45. What the constable (inferably from the record at the landlord’s instruction) did instead in this case *201 was to remove the following items of…”
Slive & Hanna, Inc. v. Massachusetts Comm'n Against Discrimination & Another., 178 N.E.3d 407 (Mass. App. Ct. 2021). “[Note 13] Once property is seized on execution, it must be kept by the seizing officer for at least four days, and "shall be sold by public auction within fourteen days next after the seizure," unless the debtor otherwise satisfies the execution beforehand, G. L. c. 235, § 36,…”
Ford Motor Credit Co. v. Doe, 20 Mass. L. Rptr. 715 (Mass. Super. Ct. 2006). “While Mass. Gen. Laws c. 235, §36 provides for the mandatory sale of personal property seized on execution within fourteen days at public auction, such did not occur here.”
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