In our experience in business-to-business collections, debtors frequently withhold payment even when creditors have obtained legal judgments against them. What can be done?
In Massachusetts, getting a legal judgment may be only the first step in a collections case. An attorney who truly knows Massachusetts collections law might file supplementary process as the next step.
Filing supplementary process is a way of pulling the debtor back into court, where their assets will be examined. The court will then make a determination as to whether the debtor is financially able to pay the judgment at this time. If the court determines they can, it will generally issue a payment order.
Once the court issues a payment order, we can follow up with aggressive post-judgment collection tactics that may force the debtor to pay.
What if the court rules our debtor cannot pay?
In the event that a court finds your debtor cannot pay at this time, supplementary process may still be worthwhile because it allows us to examine the debtor’s finances thoroughly. This allows us to spot potentially fraudulent conveyances or other irregularities that could allow us to collect in the future.
Supplementary process is just one of the aggressive, effective tactics we may use at the Law Offices of Alan M. Cohen & Associates LLC in order to collect a commercial debt. We have over 50 years of experience collecting on behalf of businesses and corporations. We collect from Massachusetts debtors and organizations who have assets within Massachusetts.
Supplementary process is a cost-effective option for seeking to collect from a recalcitrant debtor. If your organization has taken reasonable steps to collect but to no avail, it is time to reach out for knowledgeable help. Call 508-763-6604 or reach out using our online form to schedule an appointment.