Motion for Issuance of Execution – Massachusetts Courts

The document titled “Motion for Issuance of Execution” is a legal form used in the Housing Court Division. The Issuance of Execution form is used to request a court order for possession due to unpaid rent or occupancy charges, requiring detailed financial information and legal justification for the request. The form must be signed under penalty of perjury and served to the opposing party.

This guide will help you complete this form used in the Housing Court Division. This form requests a court order for possession (move-out order) due to unpaid rent or occupancy charges.

Section-by-Section Instructions

1. Housing Court Division Docket Number
   • Field: Docket Number
   • Instructions: Enter the unique case number assigned by the Housing Court. This number can be found on previous court documents related to this case.
2. Case Name
   • Field: Case Name
   • Instructions: Enter the names of the parties involved in the case, formatted as “In Matter of [Plaintiff] v. [Defendant]”. Ensure the names match those on the initial Complaint filed.
3. Main Motion
   • Statement: “I, ________________________________, have signed below and move (ask) this Court to issue an execution for possession (move-out order) in the above-referenced case.”
   • Instructions
     • Fill in your name or the name of the attorney representing you.
     • Specify the amount of unpaid rent or use and occupancy charges.
     • Provide the date through which the amount is owed.
     • If money is owed, complete the worksheet on page 2 or attach other documentation.
4. Legal Reason(s)
   • Section: “The Court should issue the execution for possession because:”
   • Instructions: Provide specific legal reasons why the court should allow this motion. If more space is needed, attach additional pages. Common reasons include breach of lease terms or failure to pay rent.
5. Sworn Statement
   • Statement: “Subscribed and sworn under the pains and penalties of perjury.”
   • Field: Date
   • Instructions: Enter the current date.
   • Field: Printed Name of Plaintiff or Plaintiff’s Attorney (with BBO number for attorneys)
   • Instructions: Print your name or the name of your attorney. If you are represented by an attorney, they must include their BBO number.
6. Court Order
   • Section: “The Court rules and orders as follows:”
   • Instructions: This section is for the court to complete. Do not fill out this part.
7. Service of Motion
   • Statement: “A copy of this form must be served upon the opposing party(ies).”
   • Fields:
     • Address
     • Date of Service
     • Name of Opposing Party or Attorney
     • Email and Phone Number
   • Instructions: Enter your address, the date you served the motion, and the name of the opposing party or their attorney. Include your email and phone number.
8. Account Annexed Worksheet
   • Section: Worksheet for detailing unpaid amounts by month.
   • Instructions: Provide detailed information about the amounts not paid for each month. This helps the court understand the financial aspect of your claim.
9. Signatures
   • Fields
     • Signature of Plaintiff or Plaintiff’s Attorney
     • Date
   • Instructions: Sign the form and enter the date of signing.
10. Contact Information
    • Field: Contact Information of the Plaintiff or Plaintiff’s Attorney
    • Instructions: Provide your contact details or those of your attorney.

Additional Tips

• Accuracy: Ensure all information is accurate and matches court records.
• Documentation: Attach any supporting documentation, such as rent ledgers or communication records, to strengthen your motion.
• Service: Make sure to serve a copy of the motion to the opposing party and keep proof of service.

By following these instructions, you can correctly fill out the “Motion for Issuance of Execution” form and provide the necessary information for the court to consider your request.