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 either a Massachusetts judgment or a foreign judgment. 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 obtaining the monies owed by the debtor. At the Law Offices of Alan M. Cohen & Associates LLC, our relentless attorneys handle matters much more professionally. Our motto is not just to help you win the case, but also to see it through to a fruitful conclusion — getting you paid.
At the Law Offices of Alan M. Cohen & Associates LLC, recovery efforts begin as soon as the case is filed in court. Many others wait until post judgment to assess whether a debtor will pay or not and post judgment initiate debt recovery efforts, but not us. We make sure there is a plan in place for collection before the judgment is entered. This increases the likelihood to our clients that once they win the case, they may get paid.
We Use Pre-Judgment Attachments and Never Give Up
A debt recovery plan 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. When we file suit, where appropriate we seek the following types of pre-judgment security:
Ex Parte Bank Attachments
Where we know through our clients where the debtor banks, we may 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 arguments to persuade the court to allow the attachment.
Real Estate Attachments
Real estate attachment is an Order issued by the court which ensures that a debtor doesn’t sell, transfer or reduce the equity in any of the debtor’s properties whether under their own name or in a trust. When a judgment is entered in your favor, 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
Personal property attachments make sure that the debtor is unable to dispose of assets other than in the usual course of business, which helps to create a possibility of payment.
Reach and Apply Injunctions
The Commonwealth of Massachusetts affords creditors the ability to seek reach and apply injunctions against their debtors. This type of injunction can be issued by the court when the amount of the debt to the creditor is established and there is a reasonable likelihood that the debtor is owed money by or has an interest in a third party– the reach and apply defendant. The reach and apply provision grants the creditor a right to demand payment directly from the third party without the monies passing through the debtor. This ensures a much more effective procedure and timely return of payments.
The attorneys at the Law Offices of Alan M. Cohen & Associates LLC can also use equitable injunctions pursuant to M.G.L.c. 214 Section 1 to block the debtor’s attempt to move their out-of-state assets to get away without paying. Equitable injunctions are orders issued by the court which obligate the debtor not to commit certain acts. In your personal debt recovery case, this can be used to stop the debtor over which the court has personal jurisdiction from selling, transferring or encumbering (reducing the equity) of the debtor’s out of state assets. Once the injunction has been issued, violating it can bring extensive legal repercussions for the debtor.
Domesticating Foreign Judgments
As foreign judgment can now be enforced in Massachusetts by either registration or litigation you have a choice how to proceed. The relentless foreign judgment enforcement attorneys at the Law Offices of Alan M. Cohen & Associates LLC have over three decades of experience domesticating and collecting foreign judgments in Massachusetts.
Our aggressive foreign judgment enforcement attorneys will not only file for domestication but also seek pre-judgment security actions, such as ex-parte attachments, to help recover your debt as quickly as possible. Our experienced attorneys have also registered many foreign judgments as the first step of the collection process here in Massachusetts. Which avenue is pursued depends on the circumstance as well as how the client wishes to proceed. Simply stated, we work to stay at least one step ahead of the debtor. While the domestication is underway, we will use the power of attachments to seize and freeze the debtor’s assets in Massachusetts without notice, when allowed by the court. This action prevents the debtor from transferring their money from the accounts in Massachusetts or selling properties to avoid paying their debt to you.
With over four decades of collective experience in the field and having helped hundreds of clients walk away with successfully recovered debts, we take pride in calling ourselves one of Massachusetts’ best debt collection firms. Our attorneys work tirelessly throughout the case, and they don’t stop at winning. Our goal is to ensure that you are paid every penny once the case has been decided in your favor.
For more information, call us at 508-763-6604 or email [email protected] to schedule a consultation with our experienced team of collections attorneys.