Motion For Prejudgment Possession: Fill & Download for Free

Generally speaking, liens are either voluntary or involuntary, statutory or equitable, prejudgment or post judgment or general or specific.The following information was compiled by the law office of John A. Tatoian and summarizes the process of putting prejudgment and post judgment liens on property in the Commonwealth of Massachusetts;LIEN-MASSACHUSETTS PRE JUDGMENT LIEN ON PERSONAL PROPERTY (SEE MRCP 4.1)CONDITIONS; ALL PROPERTYEXC’S- > MGL 235, 34> STOCKS & SECURITIES> PENSIONS, 401K ETC> PROPERTY IN POSSESSION OF BAILEEIF OTHER NON EXEMPT PROPERTY, FILE MOTION FOR INJUNCTIVE RELIEF AS PROCEDURESTANDARD; > REASONABLE LIKELIHOOD OF SUCCESS ON MERITS> REASONABLE LIKELIHOOD THAT PLAINTIFF WILL RECOVER JUDGMENT> ATTACHMENT> NO LIABILITY INSURANCEIF EX PARTE; > REASONABLE LIKELIHOOD THAT DEFENDANT WILL CONCEAL REMOVE OR DESTROY PROPERTYORNOT SUBJECT TO JURISDICTION OF COURTPROCEDURE ;FILE > COMPLAINT & SUMMONS> MOTION FOR APPROVAL> AFFIDAVIT IN SUPPORT> STATEMENT OF DAMAGES > AFFIDAVIT OF DAMAGES> SERVE NOTICE OF HEARING, COMPLAINT, MOTION, AFFIDAVITS ETC. ON DEFENDANT @ LEAST 7 DAYS PRIOR TO HEARING(UNLESS EX PARTE)> ATTEND HEARING> DELIVER WRIT OF ATTACHMENT/INJUNCTION TO SHERIFF WITHIN 30 DAYS OF ORDERLIEN-MASSACHUSETTS POST JUDGMENT LIEN ON PERSONAL PROPERTYOBTAIN EXECUTION FROM CLERK WITHIN ONE YEAR OF JUDGMENT & SERVELIEN-MASSACHUSETTS PRE & POST JUDGMENT LIEN ON THIRD PARTY GOODS, EFFECTS & CREDITSCONDITIONS EXCEPTIONS;> NEGOTIABLE INSTRUMENTSMONIES DUE ON JUDGMENTMONIES IN DEPOSIT ACCOUNT <$1000WAGES PRIOR TO JUDGMENTSEAMAN’S WAGESCONTINGENT LIABILITIESPENSIONS & QUALIFIED PLANSMONIES DUE ON EXECUTIONMONIES IN PAYROLL ACCOUNTIF NON EXEMPT OTHER PROPERTY FILE MOTION FOR INJUNCTIVE RELIEF AS PROCEDURE;CANNOT BE USED IN THE FOLLOWING TYPES OF ACTIONS-ASSAULT & BATTERYLIBEL & SLANDERMALICIOUS PROSECUTIONSPECIFIC RECOVERY OF CHATTELSBOND REQUIRED IF >$1000 UNLESS;ACTION ON JUDGMENTCONTRACT FOR PERSONAL SERVICEMONEY DUE UNDER A WRITINGGOODS SOLD & DELIVEREDOPERATION OF UNREGISTERED MOTOR VEHICLESTANDARD; > REASONABLE LIKELIHOOD OF SUCCESS ON MERITS> REASONABLE LIKELIHOOD THAT PLAINTIFF WILL RECOVER JUDGMENT> ATTACHMENT> NO LIABILITY INSURANCEIF EX PARTE ; > REASONABLE LIKELIHOOD THAT DEFENDANT WILL CONCEAL REMOVE OR DESTROY PROPERTY (EG; LIQUID FUNDS)ORNOT SUBJECT TO JURISDICTION OF COURTPROCEDURE ; > FILE > COMPLAINT & SUMMONS> MOTION FOR APPROVAL>AFFIDAVIT IN SUPPORT> STATEMENT OF DAMAGES>AFFIDAVIT OF DAMAGES> TRUSTEE SUMMONS> SERVE NOTICE OF HEARING, COMPLAINT, MOTION, AFFIDAVITS ETC. ON DEFENDANT @ LEAST 7 DAYS PRIOR TO HEARING(UNLESS EX PARTE)> ATTEND HEARINGSERVE SUMMONS UPON TRUSTEE & DEBTORTRUSTEE MUST FILE ANSWER WITHIN 20 DAYSSERVE MOTION TO CHARGE TRUSTEE ON ANSWER UPON TRUSTEE & DEBTOR PRIOR TO JUDGMENT> DELIVER TRUSTEE EXECUTION TO SHERIFFLIEN-MASSACHUSETTS PRE JUDGMENT LIEN ON REAL PROPERTY (SEE MRCP )CONDITIONS; REAL PROPERTYSTANDARD; > REASONABLE LIKELIHOOD OF SUCCESS ON MERITS> REASONABLE LIKELIHOOD THAT PLAINTIFF WILL RECOVER JUDGMENT> ATTACHMENT> NO LIABILITY INSURANCEIF EX PARTE; > REASONABLE LIKELIHOOD THAT DEFENDANT WILL CONCEAL REMOVE OR DESTROY PROPERTYORNOT SUBJECT TO JURISDICTION OF COURTPROCEDURE ; FILE > COMPLAINT & SUMMONS> MOTION FOR APPROVAL> AFFIDAVIT IN SUPPORT> STATEMENT OF DAMAGES>AFFIDAVIT OF DAMAGES> SERVE NOTICE OF HEARING, COMPLAINT, MOTION, AFFIDAVITS ETC. ON DEFENDANT @ LEAST 7 DAYS PRIOR TO HEARING(UNLESS EX PARTE)> ATTEND HEARING> DELIVER WRIT OF ATTACHMENT TO SHERIFF WITHIN 30 DAYS OF ORDERLIEN-MASSACHUSETTS POST JUDGMENT LIEN ON REAL PROPERTY (SEE MRCP )OBTAIN EXECUTION FROM CLERK WITHIN ONE YEAR OF JUDGMENT & SERVETHIS COMMUNICATION CREATES NO ATTORNEY CLIENT PRIVILEGE OR RELATIONSHIP BUT IS FOR INFORMATION PURPOSES ONLY!!!!!!!Shalom aleichem and lchaim.

IN MASSACHUSETTS, THE FOLLOWING IS MY OUTLINE FOR EXECUTING ON A JUDGMENT OR FREEZING ARRESTS PREJUDGMENT;I. LIEN-MASSACHUSETTS PRE JUDGMENT LIEN ON PERSONAL PROPERTY (SEE MRCP 4.1)APPLIES TO ALL PROPERTY EXCEPT:> PROPERTY PER MGL 235, 34> STOCKS & SECURITIES> PENSIONS, 401K ETC> PROPERTY IN POSSESSION OF BAILEEIF OTHER NON EXEMPT PROPERTY, FILE MOTION FOR INJUNCTIVE RELIEF AS PROCEDURESTANDARD; > REASONABLE LIKELIHOOD OF SUCCESS ON MERITS> REASONABLE LIKELIHOOD THAT PLAINTIFF WILL RECOVER JUDGMENT> ATTACHMENT> NO LIABILITY INSURANCEIF EX PARTE; > REASONABLE LIKELIHOOD THAT DEFENDANT WILL CONCEAL REMOVE OR DESTROY PROPERTYORNOT SUBJECT TO JURISDICTION OF COURTPROCEDURE ;FILE> COMPLAINT & SUMMONS> MOTION FOR APPROVAL & AFFIDAVIT OF SUPPORT> STATEMENT OF DAMAGES> AFFIDAVIT OF DAMAGES> SERVE NOTICE OF HEARING, COMPLAINT, MOTION, AFFIDAVITS ETC. ON DEFENDANT @ LEAST 7 DAYS PRIOR TO HEARING(UNLESS EX PARTE)> ATTEND HEARING> DELIVER WRIT OF ATTACHMENT/INJUNCTION TO SHERIFF WITHIN 30 DAYS OF ORDERII.LIEN-MASSACHUSETTS POST JUDGMENT LIEN ON PERSONAL PROPERTYOBTAIN EXECUTION FROM CLERK WITHIN ONE YEAR OF JUDGMENT & SERVEIII.LIEN-MASSACHUSETTS PRE & POST JUDGMENT LIEN ON THIRD PARTY GOODS, EFFECTS & CREDITSPROPERTY WHICH CANNOT BE LIENED;NEGOTIABLE INSTRUMENTSMONIES DUE ON JUDGMENTMONIES IN DEPOSIT ACCOUNT <$2500WAGES PRIOR TO JUDGMENTSEAMAN’S WAGESCONTINGENT LIABILITIESPENSIONS & QUALIFIED PLANSMONIES DUE ON EXECUTIONMONIES IN PAYROLL ACCOUNTIF NON EXEMPT OTHER PROPERTY FILE MOTION FOR INJUNCTIVE RELIEF AS PROCEDURE;CANNOT BE USED IN THE FOLLOWING TYPES OF ACTIONS-ASSAULT & BATTERYLIBEL & SLANDERMALICIOUS PROSECUTIONSPECIFIC RECOVERY OF CHATTELSBOND REQUIRED IF >$1000 UNLESS;ACTION ON JUDGMENTCONTRACT FOR PERSONAL SERVICEMONEY DUE UNDER A WRITINGGOODS SOLD & DELIVEREDOPERATION OF UNREGISTERED MOTOR VEHICLESTANDARD;> REASONABLE LIKELIHOOD OF SUCCESS ON MERITS> REASONABLE LIKELIHOOD THAT PLAINTIFF WILL RECOVER JUDGMENT> ATTACHMENT> NO LIABILITY INSURANCEIF EX PARTE ; > REASONABLE LIKELIHOOD THAT DEFENDANT WILL CONCEAL REMOVE OR DESTROY PROPERTY (EG; LIQUID FUNDS)ORNOT SUBJECT TO JURISDICTION OF COURTPROCEDURE ; > FILE> COMPLAINT & SUMMONS> MOTION FOR APPROVAL & AFFIDAVIT IN SUPPORT> STATEMENT OF DAMAGES>AFFIDAVIT OF DAMAGES> TRUSTEE SUMMONS> SERVE NOTICE OF HEARING, COMPLAINT, MOTION, AFFIDAVITS ETC. ON DEFENDANT @ LEAST 7 DAYS PRIOR TO HEARING(UNLESS EX PARTE)> ATTEND HEARING>SERVE SUMMONS UPON TRUSTEE & DEBTOR>TRUSTEE MUST FILE ANSWER WITHIN 20 DAYS>SERVE MOTION TO CHARGE TRUSTEE ON ANSWER UPON TRUSTEE & DEBTOR PRIOR TO JUDGMENT> DELIVER TRUSTEE EXECUTION TO SHERIFFIV.LIEN-MASSACHUSETTS PRE JUDGMENT LIEN ON REAL PROPERTYSTANDARD;> REASONABLE LIKELIHOOD OF SUCCESS ON MERITS> REASONABLE LIKELIHOOD THAT PLAINTIFF WILL RECOVER JUDGMENT> ATTACHMENT> NO LIABILITY INSURANCEIF EX PARTE; > REASONABLE LIKELIHOOD THAT DEFENDANT WILL CONCEAL REMOVE OR DESTROY PROPERTYORNOT SUBJECT TO JURISDICTION OF COURTPROCEDURE ; FILE> COMPLAINT & SUMMONS> MOTION FOR APPROVAL> AFFIDAVIT IN SUPPORT> STATEMENT OF DAMAGES>AFFIDAVIT OF DAMAGES> SERVE NOTICE OF HEARING, COMPLAINT, MOTION, AFFIDAVITS ETC. ON DEFENDANT @ LEAST 7 DAYS PRIOR TO HEARING(UNLESS EX PARTE)> ATTEND HEARING> DELIVER WRIT OF ATTACHMENT TO SHERIFF WITHIN 30 DAYS OF ORDERV.LIEN-MASSACHUSETTS POST JUDGMENT LIEN ON REAL PROPERTYOBTAIN EXECUTION FROM CLERK WITHIN ONE YEAR OF JUDGMENT & SERVE

LEGAL POSITIONFor the concept of Contempt of Court, the Contempt of Court Act, 1971 was passed which dealt with such a concept.Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt.Section 10 of The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempt of its subordinate courts.The power to punish for contempt of court under Articles 129 and 215 is not subject to Article 19(1)(a).ESSENTIALSThe elements generally needed to establish a contempt are:1. the making/ existence of a valid court order,2. knowledge of the order by the respondent,3. ability of the respondent to render compliance, and4. willful disobedience of the order.TYPESAccording to Lord Hardwick, there is a three-fold classification of Contempt:1. Scandalizing the court itself.2. Abusing parties who are concerned in the cause, in the presence of court.3. Prejudging and Prejudicing (influencing the public opinion in a negative way) the public before the cause is heard.HOWEVER IN INDIA CONTEMPT OF COURT IS OF TWO TYPES:1. CIVIL CONTEMPTUnder Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as willful disobedience to any judgment, decree, direction, order, writ, or other processes of a court or wilful breach of an undertaking given to a court.2. CRIMINAL CONTEMPTUnder Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:(i) Scandalises or tends to scandalize, or lowers or tends to lower the authority of, any court, or(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.a) 'High Court' means the high court for a state or a union territory and includes the court of the judicial commissioner in any union territory.OBJECTThere can be no doubt that the purpose of contempt jurisdiction is to uphold the authority and dignity of law courts and their image in the minds of the public is no way whittled down. If by rebellious words or writings the common man is led to lose his respect for the judge acting in the discharge of his judicial duties, then the confidence reposed in the courts is rudely shaken and the offender needs to be punished.In essence of law of contempt is the protector of the seat of justice more than the person sitting of the judge sitting in that seat.THIRD-PARTYA third party to the proceeding may be guilty of contempt of court if they have a part to play in the offence. In LED Builders Pty Ltd v Eagles Homes Pty Ltd ([1999] FCA 1213) Lindgren J stated:"It is not necessary to show that a person who has aided and abetted a contempt of court was served with the order breached. It is necessary to show only that the person sought to be made liable knew of the order."LIMITATIONThe Limitation period for actions of contempt has been discussed under Section 20 of the Contempt of Courts Act of 1971 and is a period of one year from the date on which the contempt is alleged to have been committed.Every High Court is having a separate rule for initiating and conducting contempt proceedings in its Jurisdiction or state. Supreme Court has separate Rules.___________________________According to a Judgement in OM PRAKASH JAISWAL V. D.K. MITTAL, AIR 2000 SC 1136.(i) In order to appreciate the exact connotation of the expression ‘initiate any proceedings of contempt’, it is necessary to notice several situations or stages that may arise before the court dealing with contempt proceedings. These are(i) (a) a private party may file or present an application or petition for initiating any proceedings for civil contempt;(b) the court may receive a motion or reference from the Advocate-General or with his consent in writing from any other person or a specified Law Officer or a court subordinate to High Court:(ii) (a) the court may in routine issue notice to the person sought to be proceeded against, or(b) the court may issue a notice to the respondent calling upon him to show cause why the proceedings for contempt be not initiated;(iii) the court may issue a notice to the person sought to be proceeded against calling upon him to show cause why he be not punished for contempt.In the cases contemplated by (i) or (ii) it cannot be said that any proceedings for contempt have been initiated. It is only when the court has found an opinion that a prima facie case for initiating proceedings for contempt is made out and that the respondents or the alleged contemners should be called upon to show cause why they should not be punished then the court can be said to have initiated proceedings for contempt________________________RULES TO REGULATE PROCEEDINGS FOR CONTEMPT TO THE SUPREME COURT, 1975 G.S.R. 1422. (1) Where contempt is committed in view or presence or hearing of the Court, the contemnor may be punished by the Court before which it is committed either forthwith or on such date as may be appointed by the Court in that behalf.(2) Pending the determination of the charge, the Court may direct that the contemnor shall be detained in such custody as it may specify.Provided that the contemnor may be released on bail on such terms as the Court may direct.3. In case of contempt other than the contempt referred to in rule 2, the Court may take action.(a) Suo motu, or(b) On a petition made by Attorney General or Solicitor General, or(c) On a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.4. (a) Every petition under Rule 3 (b) or (c) shall contain:-(i) The name, description, and place of residence of the petitioner or petitioners and of the persons charged.(ii) Nature of the contempt alleged, and such material facts, including the date or dates of commission of the alleged contempt, as may be necessary for the proper determination of the case.(iii) If a petition has previously been made by him on the same facts, the petitioners shall give the details of the petition previously made and shall also indicate the result thereof.(b) The Petition shall be supported by an affidavit.(c) Whether the petitioner relies upon a document or documents in his possession or power, he shall file such document or documents or true copies thereof with the petition.(d) No court-fee shall be payable on the petition, and on any documents filed in the proceedings.5. Every petition under rule 3 (b) and (c) shall be posted before the Court for a preliminary hearing and for orders as to the issue of notice. Upon such hearing, the Court, if satisfied that no prima facie case has been made out for issue of notice, may dismiss the petition, and, if not so satisfied direct that notice of the petition be issued to the contemnor.6. (1) Notice to the person charged shall be in Form 1. The person charged shall, unless otherwise ordered, appear in person before the Court a directed on the date fixed for hearing of the proceeding, and shall continue to remain present during the hearing till the proceeding is finally disposed of by order of the Court(2) When action is instituted on the petition, a copy of the petition along with the annexure and affidavits shall be served upon the person charged.7. The person charged may file his reply duly supported by an affidavit or affidavits.8. No further affidavit or document shall be filed except with the leave of the Court.9. Unless otherwise ordered by the Court, seven copies of the Paper Book shall be prepared in the Registry, one for the petitioner, one for the opposite party, and the remaining for the use of the Court. The Paper Book in case shall be prepared at the expense of the Central Government and shall consist of the following documents:-(i) Petition and affidavits filed by the petitioner,(ii) A copy of, or a statement relating to, the objectionable matter constituting the alleged contempt.(iii) Replay and affidavits of the parties.(iv) Documents filed by the parties.(v) Any other document which the Registrar may deem fit to include.10. The Court may direct the Attorney- General or Solicitor- General to appear and assist the Court.11. (1) The Court may, if it has reason to believe, that the person charged is absconding or is otherwise evading service of notice, or if he fails to appear in person or to continue to remain present in person in pursuance of the notice, direct a warrant bailable or non-bailable for his arrest, addressed to one or more police officers or may order attachment of property. The warrant shall be issued under the signature of the Registrar. The warrant shall be in Form II and shall be executed, as far as may be in the manner provided for execution of warrants under the Code of Criminal Procedure.(2) The warrant shall be executed by the officer to officers to whom it is directed, and may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.(3) Where a warrant is to be executed outside the Union Territory of Delhi, the Court may instead of directing such warrant to police officer, forward it to the Magistrate of the District or the Superintendent of Police or Commissioner of Police of the district within which the person charged is believed to be residing. The Magistrate or the police officer to whom the warrant is forwarded shall endorse his name thereon, and cause it to be executed.(4) Every person who is arrested and detained shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the from the place of arrest to the Court of the Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.12. The court may, either suo motu, or on a motion made for that purpose, order the attendance for cross-examination, for a person whose affidavit has been filed in the matter.13. The court may make orders for the purpose of securing the attendance of any person to be examined as a witness and for discovery of the production of any document.14. The court may pass such orders as it thinks fit including orders as to costs which may recovered as if the order were a decree of the court.