When a check bounces, you can sometimes get paid by simply following up with the person who wrote the check. It might have been a blip and they may be willing to pay. When that doesn’t happen, Massachusetts law may allow you to sue that person and the company named on the check.
That’s because, by law, anyone in Massachusetts who writes a bad check may be personally liable for its payment, along with a relatively small amount in damages. You don’t have to have a signed personal guarantee to collect from the bad check writer. They are arguably personally liable by law.
Even more important, the company named on the check is also liable – and their liability for damages is generally unlimited. If you can show the nonpayment caused your company economic harm, you could potentially recover that amount in damages.
That means you have two parties to sue. You’re not going to get paid twice, but having two defendants to sue doubles your chance of getting paid.
But how can you ensure they will pay?
We act quickly to freeze assets so they will be available to pay a judgment
There are many scenarios that could explain a debtor refusing to make good on a bad check. Luckily, they don’t all involve the debtor having no money or going into bankruptcy.
At the Law Offices of Alan M. Cohen & Associates LLC, we work ahead of time to attempt to ensure any judgment will be paid. For example, when we sue, we may seek an ex parte bank attachment. This is a way to freeze the debtor’s bank accounts so they can’t move or dissipate any nonexempt money or assets before the judgment.
We can use an ex parte bank attachment against both the company and the individual who wrote the bad check. If either of them has the funds to pay the check, ka-ching! All you have to do is get a judgment and the funds seized can be used to pay the judgment debt.
No funds in the bank account? We don’t give up.
Sometimes, neither bank attachment catches any funds, or not enough to pay you in full. In this scenario, many debt collection attorneys would give up. At the Law Offices of Alan M. Cohen & Associates LLC, we do not.
When the situation calls for it, we investigate the debtor’s recent financial transactions to determine if they have moved assets around in order to thwart collection attempts. If they have, we can sue to get hold of those assets, too.
It is possible to get paid on a bad check. Call 508-763-6604 or use our online form to reach out for help.