Real Estate Attachments
There are two ways that to obtain any attachment (1) with notice to the defendant, and (2) without notice to the defendant ("ex parte").
Generally courts are reluctant to issue ex parte attachments on real estate because fraudulent transfers of real estate are traceable and real estate is generally hard to sell.
However, a court may issue a real estate attachment if a sale is pending or a clear danger exists that if the defendant is notified in advance of the attachment, it will convey or conceal the asset. A court may also allow an attachment if an immediate danger exists that the defendant will damage or destroy the property.
As with all matters of discretion, different judges interpret the attachment standard differently. Some judges will not issue an ex parte attachment under any circumstances. Others will properly issue an ex parte attachment upon a demonstration that the debtor cannot be trusted not to take any action if notified in advance of an attachment motion.
Injunctions
Injunctions are useful when a third party owes your debtor money. These are called reach and apply actions. In essence, the injunction requires the third party to pay you directly, thereby cutting the debtor out of the loop. However, obtaining an injunction is not easy and it always requires that you do not have any other ability to receive payment from the debtor.
In the Deadbeat Newswire story about Dr. Deadbeat, we successfully used a reach and apply injunction to prevent insurance companies from directly paying Dr. Deadbeat. (See "Aggressive Collection Techniques and Stories" page.)
Shouldn't you use an attorney that other attorneys rely upon to collect their delinquent debts?
Success Story #1: Sometimes a customer just "disappears" owing a company money.
Company Y had this very problem. Collection "efforts" had reached a dead end. The collection agency called Mr. Cohen. He found that although the deadbeat owned no real estate, he was an officer in a corporation. He sued to reach and apply the deadbeat's interest in the corporation. He obtained a Temporary Injunction preventing the corporation from paying any money to the deadbeat until his client was paid. The debtor came to the table. Within 60 days, his client was paid. Others gave up.
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.
