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You went to the trouble of getting a judgment against your delinquent debtor and now what? They still won’t pay. It’s enough to make you grind your teeth in frustration. Luckily, Massachusetts law offers a way to follow the money after a judgment goes unpaid.

It’s called “Rule 69 discovery.” Rule 69 of the Massachusetts Rules of Civil Procedure gives creditors the power to enter into a discovery process after the judgment has been entered. This is allowed as long as the discovery is expected to aid in the collection of an execution.

What is discovery? How is Rule 69 discovery different?

When you file a lawsuit or one is filed against you, each side has the right to get truthful answers and honest responses to requests for information and documents from the other. Unless the documents or answers are privileged, you can’t refuse to answer or hand them over. In this way, the courts avoid one side being unduly surprised by the evidence.

Usually, discovery takes place at the beginning of a lawsuit. Each side subpoenas documents and takes depositions under oath.

Rule 69 discovery takes place at the end of the case when the judgment is entered by the court. The rule allows the creditor to take sworn testimony from the debtor and others, to gather relevant documents, and to examine the debtor’s finances.

Often enough, Rule 69 discovery allows us to follow the money. We sometimes find hidden assets that can be seized or liquidated to pay the debt.

At the Law Offices of Alan M. Cohen & Associates LLC, we have over 50 years of experience following the money to get our clients paid. Within the boundaries of the law, we are relentless in collecting debt. We aggressively yet ethically work every angle to get our clients paid. Rule 69 discovery is only one of them.

If you want to get paid what is owed you, don’t waste time with collection calls or attorneys who only dabble in commercial debt collection. Call us at 508-763-6604 or reach out using our online form to schedule an appointment.