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A Closer Look At Why Massachusetts’ Situation For Collecting Foreign Judgments Is A Rare One

The Commonwealth of Massachusetts is a unique state in the union in many ways. When it comes to legal servicing, it stands as a distinct and independent jurisprudential region. This affects numerous branches of legal practices in the state, including cases of people collecting foreign judgments in Massachusetts.

In the following paragraphs, we focus on this problem and take a closer look at how the situation for foreign judgment enforcement in Massachusetts is a rare one.

Common Scenarios with Foreign Judgment Enforcement Cases in Massachusetts

The Law Offices of Alan M. Cohen LLC  is home to commercial litigators with a focus on commercial debt collection and business debt collection litigation. The firm also  enforces foreign judgments issued by courts of other states in the union.

During the past 35 years, we have successfully enforced numerous foreign judgments. To help you better understand common problems clients seeking foreign judgment enforcement in Massachusetts face, we have shared below two common scenarios and how we advise clients for each of them. These are success stories and, as a seasoned firm, we have dealt with numerous foreign judgment enforcement cases in Massachusetts with similar specifications

One of these scenarios is about enforcing another state’s court judgment in Massachusetts while the other is about enforcing an MA judgment against an out-of-state party.

1. Chasing a Debtor You Recently Found in Massachusetts

A client from another state got in touch with us with the following description of a series of events. They had previously received a judgment against a business partner in their home state. Following the court decision, the debtor disappeared, and the client only recently discovered the person in Massachusetts, who was working here when the creditor sought our services.

Additionally, the creditor’s objective in reaching out to us was to find a way to get paid by the debtor’s then current wages.

In response, we told the creditor in clear terms that, since Massachusetts is not party to the Uniform Foreign Judgment Act, which has been adopted by several states in USA, they would need to file a lawsuit in a Massachusetts court before the matter is pursued by the state with any motivation.

We informed them that if – and this is how the situation turned out –their debtor had  had personal jurisdiction established in the state where the judgment was issued, the resolution to this matter could be simple enough. With a quick lawsuit in the court, we pushed for a summary judgment and received a decision without extending the action to the courtroom for litigation.

We then filed a suit on the Massachusetts judgment and successfully attached the debtor’s wages while also seeking to attach the debtor’s bank accounts in Massachusetts. Incidentally, the client was never required to appear in court and our firm represented them throughout the case until their monies were recovered.

2. Going after an Out-of-State Client refusing to Pay for Services Rendered

An independent consultant in Massachusetts rendered services to a client operating in another state. The services provided were invoiced at over $25,000 and the client did not object to the fee when they agreed to work together but refused to pay later.

The consultant got in touch with the Law Offices of Alan M. Cohen, LLC, and discussed the situation with Mr. Cohen at length. Their client was refusing to pay for services received due to sudden financial setbacks. Stressed at the prospect of no end to this dilemma, the consultant had come to us.

We were ready to help the consultant and went through the details of their case, discovering a forum selection clause in their service contract to the out-of-state client. The next step we took was to file a lawsuit in Massachusetts seeking an equitable injunction. The approach was taken because, when allowed, these injunctions restrict the debtor’s right to withdraw from their bank accounts and can force them to transfer property to the creditor up to the attachment amount. Additionally, we filed a motion to attach the debtor’s Massachusetts branch of a national bank. Eureka, the bank attachment amount to $35,000!

This led to a hurried series of phone calls from the out-of-state client’s attorney, who readily agreed to have our client’s services invoice paid in full along with a portion of the attorney fees.

Contact Us

At the Law Offices of Alan M. Cohen, LLC, we have had continued success in aggressively collecting on foreign judgments in Massachusetts. Due partially to this achievement, our legal services for commercial debt collection have earned the highest rating from Martindale-Hubbell, a neutral peer review and rating agency recognized nationwide.

You can contact us for any further information for foreign judgment enforcement in Massachusetts by calling us on (508) 620-6900 or sending Mr. Cohen an email directly to acohen@collections-law.com.

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