You would think that winning a judgment in your debt collection case would be the end of your legal ordeal. But it’s usually not. Just because a court has decided that your debtor does indeed owe you money, does not always mean that your debtor is actually going to pay the money they owe you. In fact, if they haven’t paid you yet, you most likely will have other battles to fight before you see any of your money.
At Law Offices of Alan M. Cohen & Associates LLC, we know this. We understand this. But most important, we plan for this.
What is a reach and apply injunction?
A reach and apply injunction is a debt-collection strategy that circumvents any bad intentions by your debtor to dissipate their assets. In simple terms, a reach and apply injunction allows you to essentially reach around your debtor and direct any incoming money that a third party owes them, directly to you instead. By eliminating your debtor as the middleman, you eliminate a debtor’s opportunity to use the funds towards something else instead.
When can you secure a reach and apply injunction?
A reach and apply injunction can be a type of prejudgment attachment. In the early phase of your debt collection lawsuit, if you learn that a third party owes your debtor money, Massachusetts law under Chapter 214, Section 3, allows the court to order that the debtor’s debtor must pay you directly instead. The court can order this if:
- You can establish that a debt lawfully exists by providing a contract or other evidence of the terms of your agreement
- You can provide proof that a third party owes your debtor money, like an accounts receivable entry on a balance sheet
A reach and apply injunction can also be utilized post-judgment. If you already have a judgment in your favor, and you learn that your debtor has money owed to them, you can go back to the court and ask for a reach and apply injunction.
Using a reach and apply injunction to get paid
Our end goal, as debt collection attorneys, is always to make sure that you get paid the debt that is owed to you under ethical debt collection practices afforded to us by the law in Massachusetts. As a result, we think strategically beyond just getting a judgment in your case, we want you to actually get your money. If you are seeking to file a debt-collection lawsuit, we can and will pursue any possible prejudgment attachments. Winning a judgment doesn’t always equal payment. A reach and apply injunction can help.
If you already have a judgment in your debt collection matter, we can help you understand if a reach and apply injunction is an option to help you collect your money.
We provide comprehensive debt-collection strategies. Call us to craft yours.
Just because you won a judgment in your case, doesn’t mean you are going to get paid. However, our debt collection attorneys at Law Offices of Alan M. Cohen & Associates LLC have more than 50 years of combined experience. With every debt collection case, our lawyers look ahead to anticipate every possible outcome. They will take all of the necessary steps—like prejudgment attachments and reach and apply injunctions—to make sure that a debt collection judgment in your favor means that you will get paid.
To schedule a consultation appointment to discuss your debt collection matter, send us an email through our website, or call our offices at 508-763-6604. We look forward to telling you more about how our comprehensive debt collection strategies can help you get paid the money you are owed.