How to Collect a Small Claims Judgment Against a Contractor in Massachusetts

You sued the contractor who botched your kitchen or ghosted mid-project. The court agreed with you. Now the contractor is ignoring the judgment, and you're wondering whether that piece of paper is worth anything.

It is — but collecting from a contractor takes specific steps because contractors often operate as sole proprietors or small LLCs with assets that are harder to locate than a regular W-2 employee's paycheck.

Why Contractors Are Harder to Collect From

A salaried worker has wages you can garnish through their employer. A contractor who works for themselves has no single employer to serve with a wage attachment. Their income comes from multiple clients, and they may keep irregular bank balances.

That doesn't make them judgment-proof. It means you need to use the right tools in the right order.

Start With the Payment Review Hearing

After the court enters judgment, the clerk-magistrate typically schedules a Rule 7A payment review hearing about 30 days out. The contractor must appear, fill out a Financial Statement (Form TC0098), and disclose income, bank accounts, tools, vehicles, and other assets under oath.

This hearing is your best asset-discovery opportunity. The financial statement is submitted under oath, so lying on it carries real consequences. Pay attention to:

• Business bank accounts — which banks, which branches
• Vehicles and equipment — trucks, tools, trailers registered in the contractor's name
• Real property — any real estate holdings, including investment properties
• Accounts receivable — money owed to the contractor by current clients

If the Contractor Doesn't Show Up

Contractors who ignore court dates are common. If the contractor fails to pay an ordered amount, request a Notice to Show Cause from the clerk under Rule 9(a). A deputy sheriff or constable serves it in hand or by last/usual service.

Still no appearance? Ask a judge for a Capias civil arrest warrant. An officer physically brings the contractor to court. This is a civil process, not criminal — but it gets attention.

Targeting Business Bank Accounts

Once you know where the contractor banks (from the financial statement or your own public records search), bank trustee process under G.L. c. 246, § 28A is often the most effective tool. Serving a trustee summons on the bank freezes non-exempt funds up to the judgment amount.

The first $2,500 in the account is protected by statute. Federal benefit deposits (Social Security, VA benefits) within the prior two months are automatically exempt. If an account contains mixed funds, joint ownership interests, or is held out of state, you cannot unilaterally seize the balance; seek a judicial determination.

Equipment and Vehicle Seizure

Contractors own tools and vehicles that may have real value. A Writ of Execution lets a deputy sheriff or constable seize non-exempt personal property. The officer posts a 10-day notice and sells the property at public auction.

Before going this route, check two things: whether the vehicle has an outstanding auto loan (the lender's security interest takes priority), and whether the contractor's equity exceeds the applicable exemption. A truck with $20,000 in bank financing and $22,000 in value has only $2,000 in equity, which is within the $15,000 vehicle exemption.

Recording a Lien Against Real Property

If the contractor owns real estate, recording your execution at the Registry of Deeds creates a lien that prevents sale or refinancing without satisfying your judgment. Under G.L. c. 236, the sheriff records the execution within 40 days of the levy. The lien attaches until the judgment is paid, and the 20-year enforcement period under G.L. c. 260, § 20 gives you time.

For a contractor who owns the house they live in, Massachusetts automatically protects up to $125,000 of principal-residence equity; recording a Declaration of Homestead raises the protection to up to $500,000. A lien still attaches — it just won't force a sale if the equity falls within the applicable exemption.

The Long Game

Massachusetts judgments last 20 years. A contractor who is hard to collect from today may start a new business, buy property, or land a steady job next year. Keep copies of your judgment and execution paperwork. You can request a new Writ of Execution and try again when circumstances change.

Our step-by-step Massachusetts judgment collection guide covers every enforcement tool — including the exact forms, fees, and officer instructions — so you know precisely what to do when the contractor won't pay voluntarily.

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