Deadbeat Buster News Flash
BOSTON .... A meat wholesaler's customer carne down with an acute case of deadbeatitus. Recognizing the first symptoms of this dreaded disease -- unfulfilled promises of payment and unanswered telephone calls-- the meat wholesaler called me.
Without delay I treated the deadbeat patient to a law suit and obtained an ex parte bank attachment for prejudgment security. The attachment froze almost $15,000.00 of the customer's cash.
Due to my aggressive commercial debt collection techniques, the customer agreed to pay the entire principal, costs, interest and all but $1,000.00 of attorney's fees. KA-CHING!
FRAMINGHAM.... A gravel supplier's out-of-state customer no longer responds to its bills, in effect telling the supplier to "go pound sandu". The gravel supplier calls me.
Using creative collection techniques preventing the outof- state customer from disbursing its assets, my client recovered its principal, interest and costs. KA-CHING!
BOSTON .... A food wholesaler's customer no longer returns telephone calls and is now sixty days past due. Rather than letting the receivable eat away at its bottom line, my client called me.
I immediately filed suit and obtained an ex parte bank attachment. Suddenly after freezing $25,000.00 in the bank, the customer found its telephone. KA-CHING.
Attorney's fees were not recovered in some cases because the client's contract lacked the appropriate provision. Having me review your paperwork, such as credit applications, personal guaranties, invoices, mechanic's liens and other contracts, can help protect your interest when customers don't pay.
WHY FILING IN SMALL CLAIMS MAY HARM YOUR ABILITY TO COLLECT YOUR MONEY
Recently, Massachusetts raised the small claims limit to $7,000.00. While initially that may look like a good way to reduce costs and attorney's fees, for collections over $4,500.00 the minimal savings are more than offset by the small claims procedural handcuffs.
Ex parte attachments are not allowed in Small Claims Court. This prevents prejudgment security which may ensure that when you win, there is a pot from which you may recover. In some courts, the wait for a small claims trial is over six months. This delay allows the debtor to squirrel away its assets so that when you actually get a small claims judgment, it may be worthless.
Hiring me to pursue your debtor in a District Court, however, allows you immediate access to remedies to recover your money. I immediately seek pre-judgment. security through ex parte attachments. Attachments are often allowed the same day I file suit, bank accounts are promptly frozen and property attached. If the debtor defaults, I obtain judgment in your favor, often within 60 days after service on the debtor. This allows you to get paid quicker from any monies caught by the pre-judgment attachments.
Testimonials
"We have used many coll.ection agencies and other attorneys over the years. However, once we placed our first case with you, I knew we were dealing with a very unique attorney. Your work ethic and skill in dealing with real estate liens and ex parte attachments is amazing. We have seen action and results in every case we have sent to you. Because of this, I have even pulled active cases from our typical attorneys that we had been using. Their idea of active pursuit is sending out a demand letter every 30 days. You take action as soon as you receive a case and do not let up until you receive results.
In addition, you keep us informed on every step of the collections process. This is a welcome change [from] being kept in the dark by our past collections attorneys. If we have a question about a case or legal terminology, you are eager to answer our questions. Because you take the time to update us on cases, I feel truly empowered. We are able to make appropriate decisions together as to how to proceed with a certain case."
Cheryl Cormier
Controller
Peabody Supply Co., Inc.
"Attorney AlanM. Cohen is 'our go to guy' whenever an aggressive collection approach is necessary to collect []our dollars from uncooperative accounts. He has proven to be very successful in securing our claims by attaching debtors' assets on an Ex Parte basis, usually within a week of our claim being placed in his hands, and eventually effecting payment, including fees and interest.
I highly recommend using Alan to pursue your past due dollars owed by your unresponsive customers rather than using the letter writing, 'advance your file 60 days' variety of agency or law firm. "
Stephen P. Milliken
Credit and Collections Manager
Patriot Flooring Supply, Inc.
A wholly owned subsidiary of Armstrong Wood Products, Inc.
IMAGINATIVE USE OF PREJUDGMENT RELIEF CAN LEAD TO RECOVERY EVEN WHEN THE DEBTOR'S ASSETS ARE OUT-OF-STATE
Debtors often ignore collection attempts when their assets are not in Massachusetts because they think they are safe. While other Massachusetts attorneys may shrug their shoulders, my approach enables the pursuit and often collection of out-ofstate assets. Whether your debtor has assets in or outside of Massachusetts, you want Alan M. Cohen, an attorney with almost 28 years of debt collection experience, in your corner.
