How to Collect a Security Deposit Judgment in Massachusetts

The Court Ruled in Your Favor — Now What

Massachusetts security deposit law (M.G.L. c. 186, § 15B) gives tenants strong protections. When a landlord fails to return a security deposit, holds it improperly, or doesn't provide the required statement of conditions, the court can award up to triple damages. But a judgment on paper doesn't put money in your bank account.

If your landlord hasn't paid after the court entered judgment, you're now in the same position as any other judgment creditor — responsible for collecting the money yourself. The court won't chase the landlord for you.

Wait for the Appeal Window

Before taking any enforcement action, wait 10 calendar days from the date of judgment. The landlord has that window to file a Claim of Appeal for a de novo trial before a jury of six. If they file an appeal, enforcement is stayed until the appeal resolves.

If no appeal is filed, attend the scheduled payment hearing. If you waived that hearing, Rule 9(d) allows you to request an execution by motion served on the other parties 30 days or more after judgment.

Start with a Payment Review Hearing

Under Rule 7A, if the landlord is present when the court announces its decision, the court holds a payment hearing that day or on another established date before issuing any payment order. If the landlord is absent, a money judgment is followed by a hearing scheduled 30 days after judgment or shortly thereafter, unless the landlord timely appeals, you waive the hearing, or the judgment is satisfied. At the hearing, the landlord completes a sworn Statement of Finances and Income (Form TC0098), and you have the burden of proving ability to pay from non-exempt income or assets.

For landlords, this disclosure is often revealing. A landlord who claims poverty may own rental properties, have LLC business accounts, or receive regular rental income — compare the statement with public records to identify disclosed assets and possible collection leads.

Collection Tools That Work Against Landlords

Landlords often have more assets than the average small claims debtor. Here are the enforcement tools most likely to produce results:

Bank attachment (trustee process). If the financial statement or public records reveal the landlord's bank accounts, you can serve a trustee process summons on the bank under G.L. c. 246, § 28A. This freezes non-exempt funds above $2,500 instantly. Landlords who collect rent by direct deposit often have predictable cash flows — timing the attachment shortly after rent collection dates can maximize the amount available.

Wage garnishment. If the landlord works a regular job in addition to renting property, their wages above the $750 weekly exemption floor are garnishable. Up to 15% of gross wages can be withheld each pay period.

Real estate execution lien. Landlords, by definition, own property. To create a lien on the landlord's real property, obtain a Writ of Execution and have a deputy sheriff levy and deposit the execution and sheriff's memorandum at the Registry of Deeds as required by G.L. c. 236, § 4: forthwith if the land was not attached in the case, or within 40 days after the execution date if it was attached (70 days in specified Nantucket cases). While homestead protections may prevent a forced sale of their primary residence ($125,000 automatic, $1,000,000 if declared), a rental property doesn't receive homestead protection. A recorded execution lien can affect a later sale or refinance.

Writ of Execution. For non-exempt personal property, a deputy sheriff can seize assets under a Writ of Execution. If the landlord owns a vehicle with equity above the $15,000 exemption, business equipment, or other tangible assets, execution is an option.

When the Landlord Is an LLC

Many Massachusetts landlords operate through LLCs. If your judgment is against the LLC rather than the individual landlord, your enforcement options are limited to the LLC's assets — you can't garnish the individual owner's wages or attach their personal bank account based on a judgment against the entity.

If the judgment is against the landlord personally (which is common in security deposit cases, where the landlord has a direct statutory obligation), you can pursue all of their personal assets regardless of how the rental property is titled.

Check your judgment carefully. If it names both the individual and the LLC, you have the broadest enforcement options.

The Triple-Damage Advantage

Security deposit awards often include treble damages under § 15B. A $2,000 security deposit becomes a $6,000 judgment plus court costs and attorney's fees if applicable. At 12% annual interest, that's $720 per year in post-judgment interest.

This larger judgment amount makes enforcement tools more cost-effective. The $45 supplementary process fee and $50-80 officer service charge represent a smaller percentage of a $6,000+ judgment than they would for a $500 claim.

Practical Tips

• Check the Registry of Deeds before the payment hearing. Knowing which properties the landlord owns tells you where a deputy sheriff may levy and whether there's equity beyond the homestead exemption.
• Search the Secretary of the Commonwealth's records for business entities in the landlord's name. This may reveal additional accounts and assets.
• Don't assume the landlord is judgment-proof. Landlords own real estate. Even if immediate cash isn't available, a properly recorded execution lien can improve your chances of collection if the property is later sold or refinanced with enough equity.

The complete Massachusetts judgment collection guide covers every enforcement tool with the specific forms, fees, and officer instructions — including strategies tailored to collecting from landlords and property owners.

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