At the Law Offices of Alan M. Cohen LLC, our ultimate goal is to provide our clients’ justice by helping them recover their debt payments through aggressive judgment enforcement. Our experienced collection attorneys use a variety of debt collection tools — including supplementary process — strategically and cumulatively according to the case to ensure that debt payments are recovered efficiently in a timely manner.
To help you recover your debt payments, we comprehensively investigate about your debtor’s assets such as properties, and bank accounts. If and when needed, post judgment, we would also file an application for supplementary process.
Supplementary Process—A Debt Recovery Tool
Supplementary process is a debt collection technique that focuses on obtaining court ordered debt payments of a prior judgment. For this legal action to be executed, a supplementary process complaint is filed.
It is a legal action or procedure taken against the judgment debtor. The application to supplementary process requires the debtor to appear in court and answer questions asked by the judge or clerk magistrate under oath. These questions help the judge determine assets owned by the debtor and ability to pay. In some situations other witnesses may be called to testify the assets of the debtor.
Simply put, it is a search inquiry led by the court. During this search inquiry, the court focuses on identifying the debtor’s ability to pay his legal obligations and can compel him/her/it to do what an honest person would do: Pay Their Debts!.
When is this Legal Action Used?
This legal action is mostly used in at least two situations:
- When the information about the debtor’s assets is vague.
- Where the judgment debtor refuses to pay voluntarily.
What Happens When the Debtor Fails to Comply?
In situations where the debtor fails to appear for asset inquiry/examination in the court, or conform to the court’s payment order, the Massachusetts court shall issue a bench warrant or capias. Under capias, a deputy sheriff is directed to physically arrest the judgment debtor. The debtor is then hauled to the court for asset inquiry in front of the judge.
Once the information is collected from the debtor, we’ll use other legal tools available to make sure that those assets satisfy your debt payments. For physical property we would use a writ of execution legal document that allows a sheriff to attach and/or sell non-exempt personal property of the debtor and hold it for sale at a public auction. Likewise, if upon investigation we find that the judgment debtor has money in their bank accounts or are receiving wages, then we may use the trustee process attachment to access those funds and ensure that your debt is collected efficiently and successfully.
Contact Us Today For Case Evaluation
Reach out to the Law Offices of Alan M. Cohen LLC today. Call 508-620-6900 or email us at [email protected] to schedule for initial consultation and case evaluation. We promise you that we’ll do whatever we can to pursue the debtor and ensure that they pay your debt.