When you win your judgment case against a debtor who has not paid, you may not want to celebrate just yet. You must still collect your money, which is often easier said than done. At Law Offices of Alan M. Cohen LLC, we employ many different methods of collecting for our clients, but when the debtor fails to cooperate, we may turn to the courts for help through supplementary process. This aggressive process can prove useful and cost-effective in certain situations.
Examining a debtor’s assets
As a judgment creditor, Massachusetts law allows you to apply for a supplementary process where you summon the debtor to an examination of the debtor’s assets and ability to pay the judgment. The debtor could be a natural person, an officer or partner of a business, or the trustee of a trust. At the examination, the court determines what assets the debtor has available to make payments and may create a payment plan. If the court finds they do not have the assets to pay currently, our attorneys have many other post-judgment payment avenues we pursue for clients.
Failure to appear can result in arrest
If the debtor, or their agent, fails to show up for the supplementary proceedings or fails to comply with a payment plan issued by the court, the court may hold the debtor in contempt and may issue a bench warrant for the debtor. The creditor must request the arrest and attest that they believe the debtor intends to leave Massachusetts to avoid paying the debt. This is a serious step to take, but often just the threat of jail time will be enough to encourage the debtor to comply.
When you need help collecting debt, contact us
For most business owners, enforcing a judgment is neither fun nor the best use of their time. That is why we are here. When you need help collecting a debt, turn to the experienced commercial collections attorneys at Law Offices of Alan M. Cohen LLC. We have assisted clients with aggressive, successful collections since 1994. Schedule an appointment at our office in Framingham by calling 508-620-6900 or sending a message online.