Section 4A. (a) This section may be cited as the Massachusetts Uniform Enforcement of Foreign Judgments Act.
(b) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''District court'', any division of the district court department of the trial court and the Boston municipal court department.
''Foreign judgment'', a judgment, decree or order of a court of the United States or of any other court that is entitled to full faith and credit in the commonwealth.
''Judgment creditor'', the owner of an unsatisfied judgment.
''Judgment debtor'', a person against whom a judgment has entered that remains unsatisfied.
(c) A judgment creditor may file a copy of any foreign judgment that has been authenticated in accordance with an act of congress or the laws of the commonwealth in the office of the clerk of the district court for the district in which the judgment debtor resides; provided, however, that if the judgment debtor is not a natural person, the judgment creditor may file the foreign judgment in the office of the clerk of the district court for the district in which the judgment debtor has a usual place of business at the time of the filing. The clerk shall treat the foreign judgment in the same manner as a judgment of a district court of the commonwealth. A judgment so filed shall have the same effect and shall be subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a district court of the commonwealth and may be enforced or satisfied in like manner.
(d) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the district court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.
Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in the commonwealth. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
No execution or other process for enforcement of a foreign judgment filed pursuant to this section shall issue less than 30 days after the date the judgment is filed.
(e) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered, stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated.
If the judgment debtor shows the district court any ground upon which the enforcement of a judgment of a district court of the commonwealth would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment that is required in the commonwealth.
(f) A person filing a foreign judgment shall pay to the clerk of the district court the fee required for the entry of a complaint as set forth in sections 2 and 4C of chapter 262. Fees for docketing, transcription or other enforcement proceedings shall be the same as provided for judgments of the district court.
(g) Notwithstanding this section, a judgment creditor shall retain the right to bring an action to enforce a judgment instead of proceeding under this section.
(h) This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title I - Courts and Judicial Officers
Section 1 - Territorial Jurisdiction and Place of Holding Court
Section 2 - Boston Municipal Courts; Concurrent Jurisdiction Over Waters and Islands
Section 2a - Transfer of Civil Actions Brought in Wrong Court
Section 3 - Boston Municipal Courts; Concurrent Criminal Jurisdiction Over Waters and Islands
Section 4 - District Court Jurisdiction; Seals
Section 4a - Massachusetts Uniform Enforcement of Foreign Judgments Act
Section 5 - Contempt Cases; Service of Process
Section 6 - Justices; Number; Terms; Compensation; Duties
Section 7 - Oaths; Power to Administer
Section 8 - Clerks; Appointment; Number; Retirement; Vacation and Sick Leave
Section 10a - Deputy Assistant Clerks; Power to Designate
Section 11 - Temporary Assistant Clerks
Section 12 - Clerks; Oath of Office; Duties and Powers
Section 14 - Facsimile Signatures
Section 15 - Times for Holding Trials; Office Hours
Section 18 - Justices and Clerks; Receipt of Certain Fees; Prohibition
Section 19 - General Provisions
Section 19b - District Court or Boston Municipal Court; Trial by Jury of Six; Appeals
Section 19c - District Court Jurisdiction; Equity Powers and Rules
Section 19d - Housing Specialists; Appointment; Knowledge Requisites; Powers and Duties
Section 20 - Actions Against Executors and Administrators, and Against Bail
Section 24 - Transfer to Regular Docket
Section 25 - Costs; Discretion of Court
Section 26 - General Provisions
Section 26a - Trial by Jury; Discovery; Jury-Waived Trial; Record of Proceedings; Probation
Section 27 - Imposition of Penalties
Section 28 - Recognizances to Keep Peace
Section 30 - Binding Over to Superior Court
Section 32 - Complaints and Warrants
Section 32a - Inclusion of Offense-Based Tracking Number on Application for Complaint
Section 33 - Warrants and Process; Power of Clerks to Issue
Section 34 - Arrest Without Warrant; Endorsement of Complaint by Arresting Officer
Section 36 - Justice of Peace; Taking Bail
Section 38 - Access to Courts; Sittings; Adjournments; Filing of Complaints
Section 39 - Books and Supplies
Section 40 - Part-Time Special Justices; Authorized Cases
Section 41 - Special Justice; Powers and Duties
Section 42 - Adjournment When Justice Absent
Section 42a - Chief Justice; Powers and Duties
Section 42b - Deputy Court Administrator
Section 43 - Uniform Rules of Practice and Procedure; Power to Make and Promulgate
Section 43a - Uniform Practices; Forms; Superintendence of Record Keeping
Section 43b - Official Forms; Powers of Chief Justice
Section 43e - Community Mediation Advisory Board; Coordinator
Section 44 - Process; Formal Requisites; Territorial Jurisdiction
Section 47 - Clerks; Duty to Make Payments and to Account; Penalty
Section 48 - Sentences to Deer Island
Section 49 - Clerks; Duty to Pay Certain Fees; Advances; Accounting
Section 50 - Justices; Number; Vacation and Sick Leave; Rule Making Power
Section 51a - Chief Justice of the Boston Municipal Court Department; Powers and Duties
Section 52 - Justices and Special Justices; Assignment; Additional Sessions; Compensation, Etc.
Section 52a - Clerks; Criminal and Civil Business
Section 53 - Clerks and Assistant Clerks
Section 53a - Temporary Assistant Clerks
Section 54 - Civil Jurisdiction
Section 55 - Recording Systems; Stenographic and Medical Services and Equipment
Section 56 - Clerks; Accounting; Penalty
Section 57 - Juvenile Courts; Divisions; Territorial Jurisdiction; Appeals
Section 57a - Chief Justice for the Juvenile Court Department; Powers and Duties
Section 57b - Deputy Court Administrator for the Juvenile Court Department
Section 58 - Justices and Clerks; Assignment; Salaries; Vacation and Sick Leave; Interpreters
Section 58a - Administrative Assistant for Intergovernmental Relations
Section 58c - Special Justices of Juvenile Court
Section 59 - Powers, Duties and Procedure; Jurisdiction
Section 60 - Jurisdiction Over Offenders; Rule Making Power
Section 66 - Boston Municipal Court Department; Messenger
Section 67 - Boston Municipal Court; Interpreters
Section 68 - East Boston Division of the Boston Municipal Court Department; Interpreter
Section 69 - Clerks of Divisions of District Court Department; Allowance for Assistance
Section 70 - Clerks of Boston Municipal and Juvenile Court Departments; Allowance for Assistance
Section 74 - Monthly Installments
Section 75b - Salaries of Assistant Clerks of Boston Municipal Court Department
Section 79 - Salaries of Clerks
Section 80 - Compensation of Assistant Clerks; Practice of Law