Debt recovery is one of the most challenging things to achieve during a case. Even when the court successfully rules in your favor, you are not guaranteed timely payment of dues. Debtors can come up with a variety of excuses to refuse or delay payments for long periods of time. As a result, winning the case ultimately amounts to nothing for you because the main purpose was getting paid the money that was owed by the debtor. At the Law Offices of Alan M. Cohen LLC, our relentless attorneys handle matters much more professionally. Our motto is not just to help you win the case but see it through to a fruitful conclusion which means getting you paid.
Alan M. Cohen and his team work with the belief that without a plan to get paid, a successful judgement means nothing. Debtors can default on payments even after a court rules against them. This is why you should hope for the best but plan for the worst.
A plan for debt recovery can take different courses depending on the type of assets held by a debtor. Our aggressive attorneys initiate an asset discovery process before a case is filed in court. In case your debtor decides to default on their payments, we have the following procedures in place to attempt to make sure they have no way out:
Our Attorneys Use Ex Parte Bank Attachments to Secure Debt Recovery
Secure debt recovery can mean taking some precautionary measures. Our debt collection attorneys set to work on fail safe measures. In case the debtor has bank accounts with substantial amounts to repay the debt, we seek to obtain ex parte attachments on these accounts to make sure they don’t transfer the money to try to get out of paying off their obligations. An ex parte attachment limits the power a person has over their accounts and can require substantial facts and skilled argument to persuade the court to allow the attachment.
Real Estate Attachments Can Pay Dividends Later
Attachments can be obtained for different types of assets and their respective need is determined in the wake of the investigation carried out at the beginning of each case. At the Law Offices of Alan M. Cohen LLC, maximum effort is put into getting you paid at the end of the day.
Real estate attachment is a decree granted by the court which ensures that a debtor doesn’t sell, transfer or damage any of the properties under their name in anticipation of a judgment against them. If a judgment is entered in your favor, sale of the properties, once that you have the execution, you can elect to sell the debtor’s property (unless it is owned with another person as tenants by the entirety). Even if you can’t sell, you can remain on title hoping to get paid when the debtor sells or refinances.
Personal Property Attachments Can Prevent Your Debtor from Moving Its Assets
Real estate can be commercial or personal depending on the purpose for which it was purchased. Attachments can be issued to cover almost any non-exempt property that a debtor owns. At times, a person who owes you money might have just one type of real estate and once they come to realize that they will probably lose the case, not every debtor will pay up easily. Some resort to measures like temporarily moving their property to other states or to a different owner. This gives them the excuse to state that they don’t have any means to pay back the money that they owe, leaving you in a limbo and with no means to recover your debts. Personal property attachments make sure that the debtor is unable to perform any such action which, in turn, gives the creditor an assurance of getting paid.
The debtor might challenge a personal property attachment but if the creditor can provide strong evidence supporting the basis of the attachment, the court may reject the claim and the creditor is secured on the debtor’s equity in the property.
Reach and Apply Injunctions Are A Remedy Which Is Not Found In Many States But Can Provide Pre-Judgment Security
The state of Massachusetts gives creditors the ability to seek reach and apply injunctions against their debtors. This type of injunction is provided by the court when a debtor makes the case that they can’t repay the amount due because they are yet to receive it from an absconding third party. The reach and apply provision grants the creditor a right to demand payment directly from the third party without any involvement from the debtor at all. This ensures much more effective procedure and timely return of payments.
Our aggressive attorneys at the Law Offices of Alan M. Cohen LLV work to make sure that debtors cannot play any delaying tactics to get out of repaying their obligation. We go beyond the extra mile and bind the person owing you money through legal techniques like reach and apply injunctions which are cost-effective and productive in obtaining results.
Equitable Injunctions Can Prevent A Debtor From Transferring Its Out of State Assets So You Can Get Paid.
Last but not the least in the list of remedies for successful debt recovery is equitable injunctions. M.G.L.C. 214 Section 1 of the Massachusetts legislature allows a creditor to obtain restraining orders for someone who owes them money. Specifically, equitable injunctions are general orders from the court which restrain or enjoin a person from doing certain acts.
This injunction can be used to stop the sale or transfer of assets that might be out of state. This is important because property or other belongings that are not in the state of Massachusetts don’t fall under the court’s jurisdiction, but the debtor does. Therefore, equitable injunctions are required to limit the powers of debtors regarding disposal of their out of state properties.
In order to discuss your case further or schedule a consultation regarding any debt collection matter, get in touch with us at (508) 620-6900 or firstname.lastname@example.org. Our motto is to get you paid. We never throw in the towel.