Experienced Commercial Litigation Negotiates Favorable Settlements

Experienced Commercial Litigation Negotiates Favorable Settlements

A supplier provided services to an out of state customer. The supplier wisely used a written contract with a forum selection clause. A forum selection clause allows you to control where you can sue your customer if they contract deadbeatitis.  Unfortunately the supplier’s customer contracted a serious case of deadbeatitis and needed my special treatment to pry open its closed wallet.

The supplier called me. I immediately filed commercial litigation in Massachusetts and sought a preliminary injunction to prevent the debtor from transferring its assets. Normally, if the debtor had its business or assets in Massachusetts I would try to attach its bank account, real estate and personal property for prejudgment security.

However, where the debtor resides out of state and does not bank at a bank with branches in Massachusetts, an injunction is one of the few remedies available to a creditor.  After obtaining an ex parte temporary restraining order, I had the constable serve the debtor with the summons, complaint, temporary restraining order and a notice that I would be seeking a preliminary injunction freezing its assets.

As a result of my efforts and experienced negotiation skills, the debtor came to the table and obtained a very favorable settlement on behalf of my client.

Put my over thirty years of commercial litigation experience to work for you. Call me at (508) 620-6900 or emailing alanmcohen@collections-law.com today.

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