Asset Seizure

"Relentless Collection Attorneys"

Once we win judgment on a Massachusetts debt collection lawsuit and receive the execution (appropriately named) from the court, we can direct the Sheriff to seize and sell all or some of the debtor’s assets.

However, before seizing equipment, we search the records of the Secretary of State’s Office, Corporation Division to see if there are any creditors secured by a  Uniform Commercial  lien, the attaching creditor pay the entire amount of the secured debt. However, UCC security instruments have to be advanced every few years and a lien that is not properly advanced is not a lien.

Subject to existing liens, depending on the amount of equity available to pay your debt, we instruct the Sheriff to  sell the debtor’s belongings with the net proceeds paid to you!!

Sometimes just the presence of a deputy sheriff with an execution is enough to spur payment.  Sometimes it is not, and a secured party sheriff sale is warranted.

Asset seizure is not limited to seizing and selling personal property. Once we have an execution, we can seize and/or sell the debtor’s saleable interest in real estate. Initially, we will direct the deputy sheriff to levy and suspend the sale of the piece of real estate. If we had obtained a prior real estate attachment, the levy would so call “marry” to the amount of the attachment.

In other words, if at the time of the allowed real estate attachment, there was just a mortgage following the deed into the debtor, and then during the time that the collection litigation was ongoing there were three more attachments and a mortgage, once we obtain judgment for you and have the execution recorded within thirty days of it being issued, the execution is not behind the subsequent attachments or mortgage. Instead, the execution leapfrogs every attachment and mortgage after your initial attachment up to the amount of the court allowed attachment.  That means that if you were to sell the property at a sheriff’s sale, although your execution is recorded after the three subsequent attachments and one subsequent mortgage, you get paid before the later attaching creditors.

Although this power is subject to certain statutory exemptions, the right to seize and sell is an important weapon in our collection arsenal. Choose Aggressive, Relentless, Ethical, and Effective Business Debt Collection in Boston and throughout Massachusetts. Call (508) 620-6900 or email info@collections-law.com.

Read more about Post-Judgment Collections

Debt collection FAQs

  • Why should my company hire the Law Offices of Alan M. Cohen LLC to collect unpaid accounts receivable in Massachusetts?

    Our philosophy is simple: We never give up. We pursue your debtor until either you get paid or no one else can get you paid. We treat your debt as our debt and tirelessly pursue debt recovery. We are the last name that your debtors want to hear.

  • How do you effectively collect debt in Boston, Worcester, Springfield and throughout Massachusetts?

    When we first get a file in from a client, we look to see what the debtor is about, who it does business with, and what is posted on social media. From there we determine which collection tactic would be most effective in swiftly collecting our client’s bad debt. Unlike others who write demand letters and make calls, we figure that you have already done that and want an aggressive and relentless debt collection action. That is exactly what we provide: No calls. No letters. Just Action through litigation.

  • What makes a good Massachusetts bad debt collections attorney?

    A good Massachusetts collection attorney not only knows how to collect bad debt in Massachusetts but is driven to do what it takes no matter how long it takes to collect the delinquent debt. A good Massachusetts collection lawyer not only listens to his client, but he also keeps his/her client informed of everything that is happening in the case. At the Law Offices of Alan M. Cohen LLC, aggressive, relentless, innovative and successful bad debt collection is wired into our DNA. We send a copy of every communication that we send and receive on your case to you. For over three and a half decades we have been protecting creditor’s rights.

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