CAVADI v. DeYESO

No. SJC-10674.

458 Mass. 615 (2011)

JULES R. CAVADI v. CHRISTINA M. DeYESO.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 2011.


Attorney(s) appearing for the Case

Evan T. Lawson ( Michael Williams with him) for the defendant.

Floyd H. Anderson for the plaintiff.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


SPINA, J.

This action requires us to consider whether a nonstatutory action to reach and apply permits a creditor to pursue equitable assets of a debtor after the statute of limitations contained in G. L. c. 109A, § 10, has run. Jules R. Cavadi, both individually and as assignee of the Federal Deposit Insurance Company (FDIC), holds a 1991 agreement for judgment and an execution against Stephen C. Barnes. Cavadi brought suit on that judgment, asserting that certain...

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