Levy & Suspend
Once the Execution on Money Judgment has issued from the court one of the options of the attorney to obtain the monies owed to plaintiff is to ask the Norfolk County Civil Process Office for a Levy and Suspend. A Levy and Suspend involves recording the Execution on Money Judgment along with a description of the defendant’s real estate. The recording at the Norfolk County Registry of Deeds is putting the Levy onto the property or lien to ensure payment of the debt at the time of refinancing or property sale. Once recorded, if the Attorney wishes to “suspend” further action, the defendant’s real estate will not be subject to Sheriff’s Sale.
The Levy & Suspend will remain in effect for seven years unless a levy brought forward is recorded to extend the life of the levy.
After the Levy & Suspend is recorded a mailing of the complete Levy & Suspend documents is mailed by certified, return receipt mail to the defendant and instructs the defendant to make arrangements to pay this debt to the Norfolk County Civil Process Office.
Levy & Sale
Instead of suspending further proceedings after the recording and service to the defendant a Levy & Sale continues to the Sheriff’s Sale of the real estate listed in the property description. Sheriff’s Sale Notices are drafted and mailed to the defendant by certified, return receipt mail, first class mail and delivered by Deputy Sheriff. In addition to the service to the defendant, the attorney/plaintiff requesting the Levy & Sale must indicate the lien holders to notify. Then Sheriff’s Sale Notice is posted in the town/city hall where the property lies and in two adjoining towns as well. The Sheriff’s Sale Notice is advertised in a newspaper that circulates in the same town of the property location for three consecutive weeks no less than twenty days prior to the sale date.
Sheriff’s Sales may be adjourned week-to-week at the request of the attorney/plaintiff or with good cause by the Norfolk County Civil Process Office.
Sheriff’s Sales may be canceled but in the event of the actual sale the successful bidder purchases the real estate subject to any and all prior encumbrances and must make payment in full to the Norfolk County Civil Process Office within the decided amount of time.
When the full payment is received a Sheriff’s Deed is produced for the successful bidder to record and a Sheriff’s Return details all pertinent information and dates leading up to the Sheriff’s Sale.
The costs and fees associated with the Sheriff’s Sale are incorporated into the sale total.
For further information and additional questions please contact the Norfolk County Civil Process Office at 781-326-1787.