Once you manage to receive a judgment from the court for the debt a client or customer owes you, your next step is collecting on that judgment. Sometimes this is easier said than done. At Law Offices of Alan M. Cohen LLC, we know how difficult collection can be, even when you have a judgment. We have over 45 years of experience collecting on debt and know that there are many avenues to commercial debt collection. In some cases, post-judgment litigation is the right path to take. Here are three examples of scenarios where post-judgment litigation could help you collect your debt.
You want to bring in a new party
You may discover that a third party owes your debtor money. In that scenario, you can request a “reach and apply injunction” to collect the money that third party owes to the debtor. You can also use a reach and apply injunction to collect money from a trust in which the debtor is a beneficiary or the debtor’s ownership interest in a business.
The debtors are hiding behind their company
We understand that many people create a company for the purpose of protecting themselves from personal liability when the business runs into trouble. But if a business owner uses the company’s assets for their own gain, you may be able to go after their personal assets to collect a debt. This is called piercing the corporate veil.
You need to garnish their wages
If a debtor has few assets you can collect, you may need to garnish their wages. You must request permission from the court to do this under Massachusetts law and you must have an employer willing to cooperate or the process becomes difficult.
Discover the best path for collecting your judgment
These are just a few of the post-judgment collection scenarios possible. If you have achieved a victory in court, but you are not sure how to enforce collection, allow Law Offices of Alan M. Cohen LLC to help. Our attorneys have decades of commercial collection experience in Massachusetts and are ready to fight for you. Schedule an appointment by calling 508-763-6604 or sending us an email.