A small Massachusetts’ independent consultant provided services to an out-of-state client. Its client accepted almost $25,000.00 worth of services from the consultant without complaint, yet refused to pay the consultant claiming it was having financial hardship. The independent consultant, fed up with getting taken advantage of by the out-of-state company, hired me!
The Massachusetts consultant’s contract had a forum selection clause. I immediately file suit and seek an equitable injunction which when allowed precludes the out of state the debtor from using its bank accounts and transferring its property up to the attachment amount. I also persuade the Court to allow a bank attachment in the amount of $35,000.00. After the out of state sheriff serves the attachment and injunction, I received a call from the out-of-state company’s attorney.
As a result of my experience in locating and securing prejudgment security in the debtor’s assets, my client recovers the full amount of its principal and a portion of its attorney’s fees.