Section 26. A person who has a lien, which is not described in sections fourteen to twenty-two, inclusive, or in chapter two hundred and fifty-four, for money due to him on account of work and labor, storage, care and diligence, or money expended on or about personal property under a contract express or implied, if such money is not paid, in the case of a lien described in section twenty-four, twenty-five or twenty-five A within ten days, or in other cases within sixty days, after a demand in writing delivered to the debtor or left at his usual place of abode, if within the commonwealth, or mailed postpaid to him at his usual place of abode without the commonwealth, may bring a civil action in the superior court or in a district court within the jurisdiction of which the plaintiff resides or has his usual place of business to have the property sold to satisfy the debt.
Notes of Decisions
Hanner v. Classic Auto Body, Inc., 406 N.E.2d 686 (Mass. App. Ct. 1980).
“It is sufficient to say that the facts found by the judge (a transcript of the evidence on the merits has not been produced) support his implicit conclusion that by ignoring the statutory enforcement procedure (G. L. c. 255, § 26, as amended by St. 1975, c.”
Appleton v. Hickey, 50 Mass. App. Dec. 17 (Mass. Dist. Ct., App. Div. 1972).
· cites it 4× “The plaintiffs previously brought a petition under G.L. c. 255, § 26, in which the court denied an order to sell the defendant’s automobile to satisfy a lien claimed for the same labor, parts and storage alleged in the instant action.”
DeVito Auto Restoration v. Card, 2000 Mass. App. Div. 245 (Mass. Dist. Ct., App. Div. 2000).
“This is a G.L.c. 255, §26 action to enforce a lien on the defendant’s antique Mercedes Benz for the balance owed for restoration work performed by the plaintiff.”
Bigelow Auto Body, Inc. v. Doyle, 1990 Mass. App. Div. 41 (Mass. Dist. Ct., App. Div. 1990).
“The issue presented by this appeal is whether the defendant, after a judgment adverse to him, properly exercised his right to remove this action to the Superior Court Department The plaintiffinstituted this action under G.L.c. 255, §§26&27 to recover payment for his repair of…”
Clyde Everett Equip. Co. v. Sanderson, 28 Mass. App. Dec. 63 (Mass. Dist. Ct., App. Div. 1964).
· cites it 2× “This is a petition for sale of personal property to enforce lien under G. L. c. 255, §26, in which the “Petitioner”, Clyde Everett Equipment Company, seeks a lien upon an International Crawler Tractor, Model T-D-24, Serial No.”
Dines v. Liberty Mut. Ins., 1988 Mass. App. Div. 120 (Mass. Dist. Ct., App. Div. 1988).
“Dines then had a right to proceed civilly within 60 days by authority of G.L. c.255, §26. When Dines gave up his possessory lien, however, on March 18, 1987, he also gave up his right to proceed civilly to sell the vehicle to satisfy the debt then due under the statute since the…”
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