In Massachusetts, foreign judgments cannot be enforced in ‘full faith and credit’ as they are in other states under the Uniform Enforcement of the Foreign Judgment Act. As a result, the procedure becomes a little bit more complicated and requires the services of an experienced attorney who can domesticate and enforce foreign judgments in Massachusetts. More importantly, you need an attorney who can both domesticate the foreign judgment for you while attempting to collect the judgment simultaneously. At the Law Offices of Alan M. Cohen LLC, our philosophy is to get you paid.
Over the past thirty years, we have helped hundreds of clients enforce local judgments and foreign judgments effectively in Massachusetts. Our attorneys believe that a case is not over unless you are paid all the debt that is owed or no one else can collect that debt. It’s not just about domesticating a judgment but also debt collection. That is what we do.
In Massachusetts Domesticating Foreign Judgments Requires A Separate Action.
Since Massachusetts is one of the few states where the Uniform Enforcement of the Foreign Judgment Act is not applicable, the process of domestication requires filing a new law suit in a local court to obtain a judgment that is enforceable in Massachusetts judgment. While this may seem like added risk, it is in fact a window of opportunity. The course of the law suit provides the creditor a chance to formulate an effective debt collection plan. Our aggressive and proficient attorneys make sure that when the law suit to domesticate the foreign judgment is filed, we also file the necessary motions to obtain security so when your judgment is domesticated you have a better chance of getting paid.
Unlike Others Who Just File A Complaint on The Foreign Judgment, Our Aggressive Collection Lawyers Turn the Domestication of Judgment Procedure Into A Debt Collection Action.
Most attorneys only take responsibility for successfully domesticating the foreign judgment for you. While they simply file a complaint on the foreign judgment, our attorneys begin debt recovery efforts at the same time. We mobilize our resources and perform an investigation into the assets owned by your debtor in the state of Massachusetts. Our discovery and subsequent remedies assist with debt collection.
Our Attorneys Use Ex Parte Bank Attachments to Secure Payment of Your Foreign Judgment
Once the discovery process is completed and we have identified some or all or your debtor’s Massachusetts assets we begin targeting assets of value to help get you paid. Our attorneys file may file motions for ex parte attachments for bank accounts, held by the judgment debtor. These attachments provide the creditors a safeguard for successful debt collection. Our attorneys can use ex parte bank attachments while the domestication lawsuit is in progress so that our clients don’t have to worry about enforcing the decision post judgment.
Ex Parte Real Estate Attachments on Foreign Judgments Can Lead To Payment
Attachments can also be obtained on real estate and other personal property that the debtor owns in Massachusetts. Real estate attachments seek to maintain the status quo and provide a creditor with an avenue of debt recovery.
While Domesticating Your Foreign Judgment Our Aggressive Collection Attorneys Can Seek Personal Property Attachments To Collect Judgment Debt
Our discovery process gives us the ability to choose from an array of remedies for debt collection. Debtors who own personal property such as non-exempt vehicles, artworks or other belongings can also be made subject to attachments if the Court so allows. Our attorneys work aggressively to pursue personal property attachments, if appropriate, while foreign judgment cases are still in court.
Foreign Judgments Can Be Enforced During Judgment Domestication through Reach and Apply Injunctions.
At the Law Offices of Alan M. Cohen LLC, our attorneys use three decades of experience using a variety of debt collection tactics to assist in successful enforcement of foreign judgments in Massachusetts.
Reach and apply injunctions are one of those tactics which is not recognized by all states. In Massachusetts, a reach and apply attachment works as follows: If “A” owes money to “B” and “B” owes money to “C”, by using a reach and apply injunction “C” can directly receive the monies owed by “A”. This is an effective remedy that reduces delay in debt collection.
Our experienced foreign judgment enforcement attorneys have over thirty-five years helping foreign creditors collect from Massachusetts debtors and debtors with assets in Massachusetts. When you are serious about getting paid, call us at 508-620-6900 or email [email protected].