Damaged During Shipping, Who Pays?

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A shipping company hired an out-of-state carrier to deliver its merchandise. The out-of-state carrier damaged the merchandise during the shipment and then refused to pay for the damages which were in excess of $20,000.00. After searching for an experience Boston commercial debt collection lawyer, the shipping company called me.

I immediately reviewed the file and noticed that the out-of-state carrier used an out-of-state bank with a branch located within Massachusetts. In addition, the contract between the parties contained a forum selection clause which allowed the shipping company to bring suit in Massachusetts. I immediately prepared the complaint package (as I like to call it) and filed suit seeking an ex parte bank attachment and an equitable injunction.

The Court allowed my motions and I immediately sent the allowed attachment and temporary restraining order to the deputy sheriff for service on the bank and on the debtor.

Pay dirt!!

The attachment froze money in the carrier’s bank account. As a result of my experience in negotiating favorable results for my clients, I succeeded in increasing the debtor’s settlement offer from $10,000.00 to $19,500.00 which was paid shortly thereafter.

For effective bad commercial debt collection, call Alan M. Cohen at 508-620-6900 or email alanmcohen@collections-law.com.