First National Bank v. Bernier

More than six years after obtaining a money judgment2 against the defendants (debtors), from which no appeal *757was taken, the plaintiff (bank) sought to obtain a late issuance of an execution. A Superior Court judge allowed the bank’s motion without evidentiary hearing or comment. The debtors argue that the allowance of the motion is in direct contravention of G. L. c. 235, § 17, which prohibits an original execution from being issued more than one year after final judgment has been entered.3 We reverse the allowance of the motion and remand for further proceedings in the Superior Court.

General…