A Massachusetts florist supplier is owed around $11,000.00 from its out-of-state customer. When the customer’s payments wilted, the supplier called me because I provide creative and aggressive Massachusetts debt collection solutions to help businesses get paid.
The customer had signed the supplier’s credit application that I had prepared. It subjected the customer to the personal jurisdiction of Massachusetts. Although the customer was in New York, it had a bank with a branch in Massachusetts.
After reviewing the file, I immediately filed suit and sought and obtained an ex parte bank attachment and temporary restraining order precluding the customer for transferring its assets.
This is where the personal jurisdiction clause makes a difference. Although the Massachusetts court did not have jurisdiction over the customer’s assets because they were out of state, it did have jurisdiction over the customer. This means that the court could order that the defendant not transfer his assets. This “indirect attachment” injunction and the bank attachment caught the customer’s immediate attention.
The bank attachment froze around $8,000.00. The customer claimed that it needed the funds to make payroll. However, because the customer did not designate the bank account the “payroll account” exemption did not apply and thus my client had a valid prejudgment attachment.
Initially, the customer’s attorney offered to pay my client only $4,000.00 from the attached funds so that the customer could make payroll. When I requested verification of the payroll and substitute security, the customer then offered a lump sum of $11,000.00.
Based on my persuasive negotiations, the customer paid the sum of $16,000.00, which included interest, costs and most of my very reasonable attorney’s fee!
All within a few weeks, my client received payment. If you need an experienced commercial debt collection solutions lawyer who will fight to collect monies that are rightfully owed to you then contact the Law Offices of Alan M. Cohen LLC today! Send us an email to firstname.lastname@example.org or call 508 620-6900.