Massachusetts General Laws ch. 205 sec. 28 – Obligor; failure to appear; effect
Current as of: 2023 | Check for updates
|
Other versions
Section 28. The sureties may take out a writ, in such form as the court may prescribe, to arrest the principal or to attach his goods or estate, and to summon him to appear and answer as defendant in the original action. If, after being served with such process fourteen days at least before the time appointed for him to appear and answer to the action, he neglects so to do, and if judgment is for the plaintiff, such judgment shall be rendered against the principal obligor with the other defendants in the same manner as if he had been originally a party to the action. An attachment or bail on such process shall be liable to respond to the judgment in like manner as if made or taken in the original action.
Terms Used In Massachusetts General Laws ch. 205 sec. 28
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.