Print Print
  • PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
  • TITLE II ACTIONS AND PROCEEDINGS THEREIN
  • CHAPTER 224 ARREST ON MESNE PROCESS AND SUPPLEMENTARY PROCEEDINGS IN CIVIL ACTIONS
  • Section 16 Dismissal of proceedings; orders to produce property or make payment; failure to obey orders

Section 16. If the court finds that the debtor has no property not exempt from being taken on execution, and is unable to pay the judgment, in full or by partial payments, or if the creditor fails to appear at the examination, personally or by attorney, the proceedings may be dismissed. In the case of a debtor who is either a handicapped person or a person 60 years of age or older, where the court finds that the debtor has no property or income not exempt from being taken on execution, the proceedings shall be dismissed without prejudice. If after a full hearing at which the creditor shall have the burden of proof the court finds that the debtor has property not exempt under section thirty-four of chapter two hundred and thirty-five from being taken on execution, the court may order him or it to produce it, or so much thereof as may be sufficient to satisfy the judgment with interest as provided for by section eight of said chapter two hundred and thirty-five, and with costs of execution and costs of the proceedings or in aid of judgment or execution so that it may be taken on the execution; or may order the debtor to execute, acknowledge if necessary, and delivery to the judgment creditor, or to a person in his behalf, a transfer, assignment, or conveyance thereof; or if after such hearing the court finds that the debtor is able to pay the judgment in full or by partial payments, the court may order the debtor to pay the judgment, with interest as provided for by said section eight, and with costs of execution and costs of the proceedings or in aid of judgment or execution in full or by partial payments from time to time; or the court may make an order combining any of the orders above mentioned. The debtor, if an individual, may be ordered to make any payment only to the extent that his income exceeds the amount exempted pursuant to either section twenty-eight of chapter two hundred and forty-six, or sections sixteen hundred and seventy-one to sixteen hundred and seventy-seven, inclusive, of title fifteen of the United States Code, whichever amount is greater; but no debtor may be ordered to make any payment from any income derived from assistance or payments granted pursuant to chapters one hundred and fifteen, one hundred and seventeen, one hundred and eighteen, one hundred and fifty-one A or one hundred and fifty-two, or titles thirty-eight or forty-two of the United States Code. The court may prescribe the times, places, amounts of payments, forms of instruments and other details in making any of the orders above mentioned. The court may at any time renew, revise, modify, suspend or revoke any order made in any proceedings under the provisions of this chapter; provided, however, that in the case of a debtor who is either a handicapped person or a person 60 years of age or older and an order was issued under this chapter and the debtor is later determined to have only exempt property or income, the court shall suspend the order and dismiss the proceedings without prejudice. Failure, without just excuse, to obey any lawful order of the court in supplementary proceedings shall constitute a contempt of court; and if the debtor is a corporation, the court shall treat the president, treasurer, cashier or other officer or agent in charge of the payment of debts as the contemnor; and if the debtor is a trust with transferable shares, the court shall treat any trustee or agent in charge of the payment of debts as the contemnor.

For the purpose of this section, “handicapped person” shall mean a person who: (i) has a physical or mental impairment which substantially limits 1 or more major life activities; or (ii) is regarded as having such impairment as evidenced by the receipt of state or federal disability benefits.