How can I enforce a small claims court judgment out-of-state?
Enforcing a small claims court judgment out-of-state can be difficult since the court that issued the judgment may not have jurisdiction outside of the state. In Massachusetts, small claims judgments can be enforced in another state through a foreign judgment statute. All states have foreign judgment statutes which allow a judgment made in the courts of one state to be enforced in the courts of another state. If a Massachusetts court has issued a small claims judgment, the debtor must be served notice of the judgment by the court and asked to make payment. If the debtor does not make payment, they can be sued in another state through the foreign judgment statute. The plaintiff will need to file the Massachusetts judgment with the court in the other state and ask for an order of enforcement. The court will then enter a judgment in the other state based on the judgment from Massachusetts. If the debtor does not respond to the order of enforcement, the plaintiff can ask the court to garnish the debtor’s wages or put a lien on their assets in order to collect the judgment. By enforcing the judgment out-of-state, the plaintiff may be able to recover a portion of the debt from the debtor.
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