Success Story #1: A customer owes big bucks, but when called for payment, he stalls, crawls or simply ignores the company. Classic signs of the dreaded disease of "deadbeatitis." When the customer finally meets with you, they claim they will pay you in full out of the proceeds of a sale. Don't wait, seize the moment!
Company X said "carpe diem"! When confronted with all the invoices, its customer admitted that it owed $106,000.00 and claimed that Company X would get paid out of a pending sale. Once burned by prior broken promises, Company X seized the moment and hired us. We immediately sued and obtained an ex parte bank attachment and an attachment of personal property (bulk attachment). We requested and obtained a form of attachment that allowed the sheriff to make multiple attachments of the defendant's bank account. The attachments caught over $68,000.00. Not surprisingly, the deadbeat agreed to settle the matter. Within nine weeks our client received $106,000.00.
When Does A Slow Pay Become A Deadbeat?
(Or How To Recognize The Deadbeat Shuffle)
The "deadbeat shuffle" occurs when the customer says he will make regular payments but makes only occasional payments thereby leaving some creditors with the deer in the headlights stare.
On the one hand you want to keep the customer and collect as much money as possible without the cost of an attorney. However, dancing this dance to the deadbeat's tune often delays your receipt of your money. It gives the customer sole discretion as to when and how much he will pay. Dance the dance and the customer may wear you down and then seek a discount of the principal and a waiver of the interest.
So when does a slow pay become a "deadbeat?" A receivable more than 60-90 days is indicative of the onset of "deadbeatitis." If the customer refuses to enter into a written agreement admitting the amount due and/or agreeing to pay interest and/or reasonable attorney's fees, you have lost control of your money. If the customer refuses or fails to make what you consider reasonable regular payments toward the outstanding principal and interest, you have lost control of your money.
So how do you attempt to regain control of your money?
Don't dance the deadbeat shuffle. Send the deadbeat to an attorney who will aggressively attempt to make him dance to your favorite tune. Kaching, kaching!
So How Do You Attempt to Regain Control of Your Money?
Do not dance the deadbeat shuffle. Send the deadbeat to an attorney who will aggressively attempt to make him dance to the creditor's favorite tune. Kaching, kaching.
Don't Replace The Deadbeat Shuffle with An Attorney's Shuffle - Our Clients Don't 
Other attorneys and collection agencies put your file in Queue for a series of standard and often ineffective collection letters. We don't.
Our philosophy is simple, if the debtor ignored your letters, the debtor will most likely ignore those of an attorney. Further, attorney letters merely warn the debtor that action is imminent thereby giving the debtor the incentive and time to hide assets or prepare its defense before you attack. This only makes the collection of your money more difficult.
Unlike others, when our office receives your file, we immediately start preparing your file for prompt litigation. We use various public record sources to attempt to verify the debtor's location. The information received also helps determine in which court we will bring your suit.
We prepare for your suit by checking with the Office of the Secretary of State to determine if the debtor is a corporation, LLC or partnership. If the debtor is simply known by its business name, such as "Joe's Construction Co.", we may also check with the Clerk's office in the town or city where the debtor does business in order to determine if a "doing business as" certificate has been filed. The certificate may also identify who is the "real" debtor.
We often check with the assessor's office to determine who is the record owner of the property where the debtor and/or guarantor reside and/or does business. This may locate an asset to attempt to attach. The information received may also show information of a fraudulent transfer. If we are considering a personal property attachment, we may also contact the UCC division of the Secretary of State to see what property has already been attached.
These methods represent only a cursory overview as to how your file may be handled by our office.
Once armed with this information, we then prepare an appropriate Complaint to aggressively attempt to collect your money for you be seeking, where appropriate, to immediately attach ex parte the debtor's bank accounts and/or real estate. If you want to collect your money and not merely receive copies of repeated debt collection letters please call our office at 508-202-4305 or by emailing us using the form on this site.
Success Story #2: An old customer has been stringing you along with promise after broken promise. The customer buys new materials from you on a COD basis. The old receivable hit the back burner. After more than five years of occasional COD purchases, the customer starts buying from your competitors and refuses to pay. Don't give up, our clients don't. Neither do we!
Our client contacted us with an almost six year old receivable in the principal amount of approximately $300,000.00. The debtor had offered $100,000.00 as payment in full which our client wisely rejected. We filed suit and we sought and obtained ex parte bank and real estate attachments. Although the real estate attachment missed and the bank attachment caught less than $20,000.00, the individual debtor had numerous properties he held on various trusts, LLC's and corporations in which we believed he had a beneficial interest. As a result of our persuasive negotiating skills, within twenty days after we filed suit, the debtor coughed up $300,000.00.
Success Story #3: One of your subcontractors ("subs") has messed up causing you to incur some expense, but not enough in your opinion to pursue. The sub turns around and instead of appreciating its good fortune, sues you claiming $50,000.00.
What should you do?
Taking no chances, our client contacted us. We promptly filed a counterclaim for the monies which our client had not initially intended to pursue. Due to the amount involved, we took the sub's deposition. As a result of our careful preparation, it became apparent a discrepancy existed between the sub's payroll numbers and those he was reporting to the general contractor. During a break in the deposition, we informed the subs counsel as to what we intended to ask and what the evidence would demonstrate and gave the sub the option to walk away from his suit with his dignity. As a result of our thorough preparation and precise and detailed questioning, the sub "gave it up" and walked from $50,000.00.
Success Story #4: Sometimes a good customer slowly becomes slow paying and eventually a non-paying deadbeat. Deciding when to turn an account over to collections is one of your hardest business decisions. Company Y faced this very issue.
When Company Y had had enough it called us. Within two business days, we filed Suit against the deadbeat customer and its various alter-egos. We obtained ex parte attachments on all of the customer's interests in real estate as well as freezing some money in the bank. The deadbeat was only days away from selling one of its properties. Our prompt aggressive and effective legal work resulted in our client's receiving all monies due it, together with attorney's fees, in a few weeks.
The Law Offices of Alan M. Cohen LLC represents clients and sues debtors in Middlesex County, Boston, Bristol County, Suffolk County, Hampden County, Norfolk County, Plymouth County, Essex County, Worcester County, Barnstable County and throughout Massachusetts.
The information you obtain at this site is not, nor is it intended to be, legal advice. Nor shall contact through said site establish an attorney client relationship, absent a formal fee agreement. You should consult Attorney Alan M. Cohen for individual advice regarding your own situation.