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Home » US Law » 2022 Massachusetts General Laws » Part III - Courts, Judicial Officers and Proceedings in Civil Cases » Title II - Actions and Proceedings Therein » Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service

Section 1 – Actions in Personam

Section 1. A personal action shall not be maintained against a person not an inhabitant of the commonwealth unless he or his agent appointed under section five or five A has been served with process in the commonwealth, or unless service has been made upon him outside the commonwealth, as authorized by chapter two hundred […]

Section 11 – Execution Levied on Land

Section 11. If the execution in an action under this chapter, except as otherwise provided, is levied on land, no alienation thereof by the original plaintiff shall prevent the defendant from retaking the same or as much thereof as may be necessary to satisfy the judgment or order he recovers upon a proceeding for relief […]

Section 12 – Judgment in Real Actions

Section 12. If the original judgment was for seisin of the land demanded in a real action, the writ of seisin may be issued in favor of the plaintiff without his giving bond; and if the judgment is reversed in whole or in part upon a review or other proceeding, whether sued out or commenced […]

Section 13 – Tort Actions

Section 13. An action of tort against several defendants, any one of whom is absent from the commonwealth at the time of the service of process, shall be conducted with regard to him relative to the service of process, judgment, review thereof and execution as if he were the sole defendant.

Section 14 – Contract Actions

Section 14. An action of contract against several defendants, any one of whom is in the commonwealth and any other of whom is absent, in which the plaintiff recovers judgment shall not be subject to the provisions of this chapter relative to review, giving bond and alienation of land; but judgment shall not be rendered […]

Section 15 – Prosecution Against Persons Served; New Action

Section 15. An action of contract against several defendants in which legal service is not made upon all, either by attachment or otherwise, by reason of their absence from the commonwealth or for other sufficient cause, may be prosecuted against those who are duly served with process, without further proceedings against the others. If judgment […]

Section 17 – Mixed Actions

Section 17. The provisions of this chapter relative to judgment, bond and review in actions of tort shall apply to a mixed action if the defendant or one of several defendants is absent from the commonwealth, but, as to the service of process and notice to the defendant, it shall be conducted as a real […]

Section 2 – Counterclaims

Section 2. If an action is brought by a person not an inhabitant of the commonwealth or who cannot be found herein to be served with process, he shall be held to answer to any counterclaim brought against him by the defendant or defendants, if there be more than one, in the former action.

Section 5 – Agents for Service of Process; Duty to Appoint by Certain Individuals; Penalty

Section 5. Every individual not an inhabitant of the commonwealth and every partnership composed of persons not such inhabitants, having a usual place of business in the commonwealth, temporarily or permanently, or engaged here, temporarily or permanently, and with or without a usual place of business here, in the construction, erection, alteration or repair of […]

Section 7 – Notice

Section 7. If a defendant in a civil action is absent from the commonwealth or his residence is unknown to the officer serving the summons and complaint, and no personal service has been made on him or his agent appointed under section five, or if the service of process is defective or insufficient by reason […]

Section 8 – Default

Section 8. If, after such notice, the defendant does not appear within twenty-one days after the day specified therefor, a default shall be entered and judgment rendered against him as provided in section one.

Section 9 – Bond

Section 9. If judgment in a personal action is rendered under the preceding section upon the default of a defendant who is absent from the commonwealth or whose residence is unknown, the plaintiff shall not take out execution thereon within one year thereafter, unless he files with the clerk of the court a bond payable […]