Massachusetts Debt Collection Laws: Knowing Your Rights as a Business

Massachusetts-seal-logo

As in all legal matters, the strategy is dependent upon the legal rights in each particular jurisdiction. This is why, as a business owner, it is critical to know and understand your rights in order to protect your assets and to recoup any uncollected debt that is rightly owed to you and your company. By doing so, you can help prevent unwanted debt from happening in the first place or better position yourself should you end up taking your bad debt problem to court. From choosing the venue where you can bring suit to understanding Massachusetts law loopholes, there are debt collection laws specific to the state of Massachusetts. Here we cover a few…

  • Forum Selection Clauses are enforceable in Massachusetts. This allows the creditor to litigate where he/she is located, rather than to travel to where the debtor is located – saving time and money in travel expenses.
  • A creditor in Massachusetts can choose from three or more venues or locations when deciding to bring suit in a business to business transaction. This has important tactical implications. An experienced Massachusetts debt collection attorney is familiar with the “personalities” of all the local courthouses!
  •  The Massachusetts Homestead Act protects up to $500,000 of a homeowner’s equity from creditors. However, there is a Bankruptcy Code that preempts the preexisting debt exclusion. This allows the debtor to file a homestead after purchasing product from a creditor, then file bankruptcy and still receive the benefit of a homestead. A creditor has several options to reduce this type of liability, some of which include requesting a mortgage on a debtor’s property before selling goods and services or using notices of contract.

An experienced debt collection attorney in Massachusetts is knowledgeable of the laws specific to the state and will use that knowledge to employ the best strategy to get their clients paid! If you are in need of an attorney who will protect your assets and fight for what is rightly owed to you, then contact the Law Offices of Alan M. Cohen LLC today! Send us an email to alanmcohen@collections-law.com or call (508) 620-6900.

Related Posts