Massachusetts Collections Lawyer Uses Reach and Apply Injunctions to Collect Businesses’ Receivables

Massachusetts Collections Lawyer Alan M. Cohen  Uses Reach and Apply Injunctions to Collect Businesses’ Receivables.

The use of reach and apply injunctions is useful when “A” owes money to “B” and “B” owes money to “C” which is you, the creditor..

The reach and apply injunctions requires “A” to directly pay the monies owed to “B” to “C”.

Unlike obtaining  a “regular” injunction to obtain pre-judgment security of an overdue accounts receivable, obtaining an injunction pursuant to c. 214 § 3 flows requires only that a commercial creditor : (1) Establish that the debtor owes it money; and (2) demonstrate that debtor’s interest in property cannot be reached to be attached or taken on executionSee Papamechail v. Holyoke Mut. Ins. Co., 8 Mass. App. Ct. 849, 852 (1979); Springfield Redevelopment Authority v. Garcia, 44 Mass. App. Ct. 432(1998); Massachusetts Electric Co. v. Athol One, Inc., 391 Mass. 685, 687-688 (1984); Richmond v. Tankenow, 11 Mass. L. Rep. 636 (Superior Court, 2000).

 In Estate of Johnson v. Rose, Judge Fecteau held, “A plaintiff is entitled to the remedy of reach and apply when the plaintiff has established the existence of a debt by the principal defendant and property in the hands of another which may be used to satisfy that debt.” 207 Mass. Super. Lexis 184 (Feteau, J., Worcester Superior Civil Action No. 2004-622(2007)), affd.  2009 Mass. App. Unpub. Lexis 1203t(Nov. 19, 2009), citing Massachusetts Electric Co. v. Athol One, Inc., 391 Mass. 685, 687-688 (1984)(Emphasis added).

 

For your commercial debt collection using  reach and apply injunctions, call AV Rated Massachusetts Collections Lawyer Alan M. Cohenus at (508) 620- 6900 or email alanmcohen@collections-law.com.

 

Related Posts