Aggressive Debt Collection In Action

SUPERIOR COURT – – – – In 2010, a private lender obtained a judgment against its debtors in a New York court. The debtors owned assets in New York and Massachusetts. The debtors had promised to make payment and then defaulted leaving a principal judgment amount of approximately $75,000.00. After its attorneys had struggled to collect the debt for five years, the frustrated private lender scoured the internet for an aggressive debt collection attorney in Massachusetts and called me.

I immediately conducted a limited asset search identifying a parcel of land in western Massachusetts. I noticed that the debtors had filed a homestead and had a home equity loan. After closely reviewing the papers and public documents I determined that the debtors’ primary residence was not in Massachusetts. That meant that they could not have a homestead on their Massachusetts property and could not shelter up to $500,000.00 of their equity.

I then drafted a complaint in which I sought an injunction precluding the debtors from taking any further monies from their home equity loan. This preserved the equity remaining in their property so that it would be available to pay their debt owed to my client after I domesticated the New York judgment in Massachusetts.

I promptly filed suit and sought an ex parte Of course, I also sought an ex parte attachment on real estate, on the debtor’s bank account and a temporary restraining order. The court allowed the ex parte bank attachment and temporary restraining order but asked me to give notice to the debtors of the motion for a real estate attachment.

We then had the deputy sheriff serve the trustee attachment on the bank and serve the debtors with the restraining order, summons and complaint. Almost immediately after the sheriff attached their bank account, the debtors’ attorney called me attempting to negotiate a settlement for $30,000. My client said nothing doing.

When I next appear in court a few days later, I obtained the preliminary injunction and the real estate attachment. I hand delivered the real estate attachment to the sheriff and directed them to immediately record the attachment at the Registry of Deeds.

Within three months of filing suit, I negotiated a lump-sum settlement of the $75,000.00 – – approximately the same amount as the judgment entered five years previously!! In less than 3 months, I accomplished what the private lender’s other attorneys could not do 5 years!!

Can you say KA – -CHING? My clients can.

If you are looking for an aggressive, relentless, ethical, and effective collection attorney, call me for a consultation at 508-620-6900 or email alanmcohen@collections-law.com.

 

 

 

 

 

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