Routine business operations have changed as the COVID-19 pandemic continues to affect Massachusetts. The country has seen a financial collapse that may impact how you can pursue delinquent debts. Unlike others who are waiting until everything returns to “normal” we have been drafting complaints and filing them with the courts. It is our belief that by taking a proactive approach we are best positioning our clients for collecting their debts before others even start the process.
THIS IS NOT THE TIME TO SIT ON THE SIDELINES WHILE OTHER CREDITORS TRY TO COLLECT FROM YOUR DEBTORS.
Putting Together Your Paperwork
Although right now you are working to generate sales and to keep your work force productive, it is essential to go through your delinquent accounts and send those which were struggling before and/or after the pandemic to collection. That is what your competitors are doing as we are seeing a significant uptick in business.
While there are currently no in person court hearings in Massachusetts as a result of social distancing, we are still filing new complaints against commercial debtors, have been given some opportunity to be heard on attachment and are seeking default judgments as soon as we can.
Again, it is the squeaky wheel that gets the oil and we know how to get it done.
MECHANIC’S LIENS REMAIN UNAFFECTED BY THE SHUTDOWN AND CONTINUE TO BE A PRUDENT APPROACH TO PROTECTING YOUR RIGHTS
During these uncertain times, it is crucial to make sure that you are paid for your services. If you are not paid for a service by a property owner, general contractor, or subcontractor and within the scope of the Mechanic’s Lien Statute we can prepare a mechanic’s lien for your protection. Unlike court action to obtain prejudgment attachments during this crisis, mechanic’s liens do not require judicial approval. Provided that you meet the criteria of having a written contract (could be one piece of paper, could be several as long as they constitute an enforceable contract) and being on time, you do not need to go to court to file a mechanic’s lien.
During the outbreak we continue to protect our clients with properly prepared and filed mechanic’s liens. Although within 90 days of filing a statement of account, you must file a complaint with the court, you do not have to seek a court’s permission for your mechanic’s lien to remain in full force and effect. It is the other guy who will have to bring a court motion to try to dissolve that lien.
As with other methods of debt collection in Massachusetts under COVID-19, the best thing you can do right now is make sure you have all the necessary pieces. The most crucial element, of course, is making sure that you have a written contract. We can review your paperwork to ensure that you have for the future what we call a mechanic’s lien contract which will satisfy the written contract requirement.
We Are Here to Help
We are currently working remotely utilizing technology to continue providing effective representation and methods of commercial debt recovery to our clients. We are practicing social distancing but are available to our clients using all the same contact information. We recognize that these are confusing and, in some cases, frightening times, and we appreciate your patience as we navigate this together. We hope that you continue to stay safe and stay healthy, and we extend wishes for the speediest of recoveries to anyone affected by the COVID-19 virus.