Section 106. If real or personal property has been attached in an action, any person, other than the parties, who claims title or interest therein by a subsequent attachment, purchase, mortgage or other title, may dispute the validity and effect of such prior attachment on the ground that the amount demanded in the first action was not justly due or was not payable when it was commenced, by filing a petition in the court in which the first action is pending, at any time before final judgment therein, stating the facts and circumstances on which his petition is founded, and the grounds of his own claim, and praying that the prior attachment may be dissolved.

Terms Used In Massachusetts General Laws ch. 223 sec. 106

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: All property that is not real property.