Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 33 (2026)

Claims by third persons

✓ current as of July 2026

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Section 33. If a person claiming, by assignment from the defendant or otherwise, goods, effects or credits in the hands of a supposed trustee enters an appearance, he shall be admitted as a party in order to determine his title to such goods, effects or credits, and may allege and prove any facts which have not been stated or denied by the supposed trustee. Such allegations shall be tried and determined as provided in section seventeen upon depositions or oral testimony as the court orders. If he does not voluntarily enter an appearance, the court may issue an order of notice to him.

Notes of Decisions

Cited in 11 cases, 1925–2010 · leading case: Lunt v. Aetna Life Ins., 149 N.E. 660 (Mass. 1925).

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Lunt v. Aetna Life Ins., 149 N.E. 660 (Mass. 1925). “The statute gives the judgment creditor a valuable right which he can put into execution if he desires, but the plaintiff is not required to satisfy the judgment before he can recover against the defendant. Nothing contrary to what has been said was decided in Cogliano v.”

Webb v. Cohen, 182 N.E. 337 (Mass. 1932). “G. L. c. 246, §§ 33, 34. In any event they were not pertinent to the narrow issue presented by the motion, namely, whether the record of the court should be corrected so as to evidence the truth.”

Goodspeed's Book Shop, Inc. v. State Street Bank & Trust Co., 391 N.E.2d 1262 (Mass. App. Ct. 1979). “G. L. c. 246, § 33. The claimant may assert either legal or equitable rights to the goods or credits in the possession of the trustee, and if he shows that such goods or credits belong to him or that he has an equitable interest in them, he can hold them against an attaching…”

Latorraca v. Taniki Fin. Corp., 393 F. App'x 730 (1st Cir. 2010). “Mass. Gen. Laws ch. 246, § 33 . If a claimant carries his burden of proving that he is the “true owner” of the property, or that his claim to the property is superior to that of the plaintiff, the trustee will be discharged and the claimant may recover the property.”

R. H. White Co. v. Lees, 166 N.E. 705 (Mass. 1929). “McCoy at the date of the attachment; he ruled that in accord with G. L. c. 246, § 33, Rebecca McCoy had been interpleaded properly; he refused such of these requests of the plaintiff as were inconsistent with his finding and ruling; and denied the motion to charge the trustee.”

Cent. Trust Co. v. Nat'l Biscuit Co., 173 N.E. 695 (Mass. 1930). “G. L. c. 246, § 33, gives an adverse claimant to goods, effects and credits in the hands of a supposed trustee the right to be admitted a party to determine his title, with the further right to allege or state any facts which have not been stated or denied by the supposed…”

Kitchen & Kutchin, Inc. v. Jarry Elec., Ltd., 1980 Mass. App. Div. 83 (Mass. Dist. Ct., App. Div. 1980). · cites it 4× “The special appearance and the motion to determine title were made pursuant to G.L. c. 246, § 33. The motion to vacate the default judgment was brought pursuant to Rule 60(b) of the Dist.”

Irving Levitt Co. v. Boone's, Inc., 28 Mass. App. Dec. 115 (Mass. Dist. Ct., App. Div. 1964). · cites it 2× “Merrill Rosenberg and Jason Rosenberg, under the provisions of G. L. c. 246, §33, *116 entered an appearance in the case and claimed the funds of the defendant in the hands of the trustee, alleging that they were assignees of the defendant for the benefit of its .”

Macquarrie v. Balch, 47 Mass. App. Dec. 170 (Mass. Dist. Ct., App. Div. 1972). “It would be sufficient for purposes of this case to rule, as I would, that this exemption is applicable to bank credits consisting exclusively of the proceeds of aid payments received under chapter 118, and deposited in an account standing in the name of the recipient of such…”

Hines & Smart Corp. v. Imperial Com. Corp., 18 Mass. App. Dec. 184 (Mass. Dist. Ct., App. Div. 1959). “Acting under the provisions of G. L. c. 246, §33, the assignee intervened in the cause before this court and filed a claim for the trusteed funds.”

Rimoldi Sportswear, Inc. v. Devlin, 49 Mass. App. Dec. 199 (Mass. Dist. Ct., App. Div. 1972). “, doing business as Peters Company, filed a Motion to Intervene pursuant to G.L. c. 246, § 33. The court found for the plaintiff in the amount of $2,246.”

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