MECHANIC'S LIEN NEWSFLASH

Unlike collection agencies, collection mills, attorneys who do collections as a sideline, and some big city attorneys,

• My practice concentrates in commercial collections.
• I have low overhead and pass that savings on to you.
• I am accessible to you.
• You receive my personal attention.
• I go to court for you, not an underling.
• Your case is not a mere file number to me – it is important and I treat it as such.
• I personally return your telephone calls.
• I send you copies of every document that I send out on your case.
• I promptly bring suit to collect your money.
• Where necessary, I take depositions.
• I fight for you.
• I immediately seek, where appropriate, ex parte attachments.
• I pursue your debtor until either they pay or file bankruptcy and then I pursue them there as well.
• I sued to collect $3,000.00.
• I sued to collect millions of dollars.
• I successfully represented clients in stockholder disputes, commercial real estate litigation and suits to collect monies owed for goods sold and delivered and services rendered.
• I write articles and give talks about mechanic’s liens and other forms of commercial debt collection.
• I represent creditors and debtors.  Where appropriate, I pursue mediation and when necessary, I fully litigate your case to collect your money or to protect you from bogus claims because I am a litigator.

With 20 years of experience, I provide you with high quality representation at affordable rates.

It’s your money. Why pay for the overhead? Choose Boston quality at suburban prices.

Deadbeat Buster News Wire

Don't let your receivables get away without a fight. My clients don't.
After all, it is your money!

. . . . . Sometimes even when you have done everything right, your customer “finds” a “reason” not to pay you. That happened to one of my clients when it delivered $42,000.00 of concrete to a job site. The customer admitted owing twenty grand.   Yet, he refused to pay anything unless my client walked away from the remaining $22,000.00 balance. Months passed without payment. Unwilling to give up what was rightfully his, my client called me.

I promptly sued. The customer counter-claimed seeking $70,000.00 from my client. After the parties did discovery, I convinced the other attorney to agree to non-binding mediation. After almost five hours of mediation, the customer relented, agreeing to pay my client all of the princi­pal and a healthy amount of interest and gave up its $70,000.00 counterclaim.

Final score: My client -- $50,000.00, Debtor -- Zippo!

Although this doesn't always happen, it could happen for you.  Armed with solid paperwork, an aggressive competent collection attorney who knows how to collect debts is a valuable ally in the battle for control of your money.

Mechanic’s Lien Newsflash
or
He Who Hesitates Is Lost

The “new and improved” Mechanic’s Lien in 1996 gave suppliers, contractors   and rental equipment companies 90 days from the date that work was last performed to record a Notice of Contract.  So you thought you could safely wait 90 days to record the lien to secure your money.

Think again.

On December 30, 2003, the SJC ruled that where the GC had abandoned the job and was terminated prior to the date the subcontractors recorded their lien and notified the owner, the subcontractors could not collect from the property owner using a timely filed mechanic’s liens. This case, Bloomsouth seems to stand for the proposition that where a general contractor defaults or abandons the job prior to substantial completion, the subcontrac­tors and suppliers bear the risk of loss, not the owner, unless the subcontractors previously recorded a Notice of Contract and previously notified the owner thereof.

The Court held that because the GC willfully by abandoned the project, it lost any rights it may have had to further payment from the owner.

So what can you do to protect yourself? 

Timely and proper notice is key. If you are a subcontractor, I strongly suggest that you record the Notice of Contract at the outset of the job and notify the owner thereof. This may help pro­tect you against the owner’s favorite defense: “We have already paid the GC in full so your lien is worthless.”

Do Mechanic Liens Allow You to Recover Interest
and Attorneys’ Fees from the Property Owner?

On January 22, 2004, the SJC said no.  Mechanic liens are now limited to labor and materials and do not include attorneys’ fees or interest. So, how do you more fully protect yourself from the financial impact of deadbeatitis?

Although there is no fool proof way, I suggest foregoing the collection agency route. Immediately using an aggressive experienced commercial litigation attorney at the first sign of your customer’s financial distress may maximize your recovery and may allow you to get paid more and faster than your competitors.

If I can help you to protect your bottom line or if you have any other debt liens or questions about collecting your debts or would like me to prepare and/or record Notices of Contract and Statements of Contract, on a flat fee or hourly basis, please contact me at 508-620-6900 or e-mail me at amc.law@verizon.net.