Bank Account Attachment for a Massachusetts Small Claims Judgment

How Bank Account Attachment Works in Massachusetts

After winning a small claims judgment and waiting through the statutory period, one of the most direct ways to collect is by attaching the debtor's bank account. Massachusetts calls this trustee process — the bank is the "trustee" holding the debtor's funds, and the court orders it to freeze and turn over money to satisfy your judgment.

Bank attachment operates under G.L. c. 246, § 28A. When the trustee summons reaches the bank, it instantly freezes non-exempt funds in the debtor's account up to the amount of your judgment plus accrued interest and costs.

The Steps to Attach a Bank Account

1. Identify the bank. You need to know where the debtor banks. The debtor's Financial Statement (Form TC0098) from the payment review hearing should list their accounts. Public record searches and testimony at hearings can also reveal banking relationships.

2. File a motion for trustee process. After your judgment is final and enforceable, file a motion with the court requesting leave to serve a trustee process summons on the debtor's bank. The debtor must receive notice of this motion.

3. Get court approval. A judge reviews the motion and, if approved, authorizes the trustee summons.

4. Serve the bank. A deputy sheriff or municipal constable serves the Trustee Summons on the specific branch or office where the debtor's account is held. The moment service occurs, the bank freezes non-exempt funds.

5. Bank files an Answer. The bank has 20 days to file a sworn Trustee Answer with the court, disclosing how much money is in the account and whether any exemptions apply.

6. Funds released to you. If the court determines the funds are reachable, the bank remits the non-exempt balance to satisfy the judgment.

What's Protected

Massachusetts law shields certain bank funds from attachment:

• First $2,500 in the account is automatically exempt under G.L. c. 246, § 28A — the bank must leave this amount untouched regardless of your judgment
• Federal benefit deposits — Social Security, SSI, VA benefits, and civil service retirement payments deposited in the prior two months are fully exempt under 31 C.F.R. Part 212. Banks must perform an automatic two-month lookback and release these funds without requiring the debtor to file a claim.
• Joint accounts — If the debtor shares an account with someone who isn't a party to the judgment, the non-debtor's ownership interest can't be seized. You may need a court hearing to determine what portion of a joint account actually belongs to the debtor.

Costs

Expect to pay a $45 supplementary process fee ($30 filing plus $15 surcharge), plus officer service fees of roughly $50 to $100 per bank served. Some banks also charge a processing fee (typically around $10). The court may add necessary post-judgment service costs to the judgment under Rule 7B(f); confirm with the court whether a bank's processing fee is recoverable.

Practical Considerations

Timing matters. If the debtor receives paychecks by direct deposit, serving the bank right after payday maximizes the chance of catching funds above the $2,500 floor. Serving the day before payday may find the account nearly empty.

If you serve the wrong branch or the debtor has already moved their money, the attachment comes back empty. You'll have spent the service fee with nothing to show for it. Do your homework on account locations before filing.

Bank attachment works best when you know the debtor has regular income flowing into a specific account and a balance that routinely exceeds the $2,500 exemption. For debtors living paycheck to paycheck with minimal account balances, wage garnishment may be a more reliable collection tool.

The complete Massachusetts judgment collection guide covers bank attachment alongside every other enforcement option — including when to choose trustee process over execution, how to handle exempt funds, and how to combine tools for maximum effectiveness.

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