At Law Offices of Alan M. Cohen & Associates LLC, our commercial collections lawyers have more than 50 years of combined experience. They have dedicated their practice to collecting commercial debts in Massachusetts. Using methods available under state and federal laws, our ethical debt collection lawyers fight to get you paid, and they do so relentlessly and aggressively. Their success and reputation hinge on an intricate understanding of the Massachusetts commercial debt collection laws and how to apply them to their client’s specific situation.
What are the most important Massachusetts debt collection statutes for business owners?
By knowing and understanding the laws, business owners can use these laws to help them collect unpaid debts. Every business owner should have a basic understanding of the specific statutes that govern debt collections. Some of the most important include:
- Massachusetts General Laws Chapter 93, Section 49: Section 49 of Chapter 93 prohibits unfair, deceptive, or unreasonable debt collection practices. It sets the standard for ethical collection methods.
- Massachusetts Fair Debt Collection Practices Act (MGL c.93, § 24-28): The Massachusetts Fair Debt Collection Practices Act closely mirrors the federal Fair Debt Collection Practices Act and outlines what constitutes unfair practices.
- Uniform Commercial Code (UCC) – MGL c.106: The UCC governs commercial transactions, including the sale of goods, which can affect how debts are collected.
At the Law Offices of Alan M. Cohen & Associates LLC, our commercial collections attorneys are well-versed in the laws authorizing creditors to collect unpaid debts. At our firm, we are serious about collecting commercial debts and utilize innovative strategies authorized by law to help your company get paid.
Permissible debt collection practices
Understanding permissible debt collection practices can streamline your efforts. Here are some applicable practices permitted under Massachusetts law:
- Written communication: You can send written demands for payment. It is important that these communications are clear and professional. Written communications will help you provide the necessary evidence if you need to proceed to legal action.
- Legal action: Filing a lawsuit against the debtor is a legitimate and often necessary step to recover monies owed.
- Interest and attorney fees: You may be entitled to collect interest and attorney fees on the unpaid debt, depending on the contract terms.
You have every right to collect on your business’s debts. At NAP, before your case even goes to court, our collections attorneys will seek to secure your debt with prejudgment attachments where appropriate. Once we have a judgment in your favor, we will aggressively pursue collection efforts on your judgment with the means available to us under the law.
Prohibited debt collection practices
While it is important to know what you can do, it is equally important to understand prohibited collection tactics. Avoid these pitfalls to ensure compliance with Massachusetts laws:
- Harassment: Excessive phone calls, threats, and abusive language are not only unethical but illegal.
- Misrepresentation: Never falsely represent the amount owed or threaten legal action that you do not intend to take.
- Unauthorized fees: Charging fees not agreed upon in the original contract can lead to legal trouble.
Knowing these laws helps you collect debts ethically and effectively. It protects your business from potential legal repercussions and ensures you maintain a professional reputation in your industry.
Why hire a seasoned debt collection attorney?
Navigating the complexities of Massachusetts debt collection laws can be daunting. Hiring a seasoned attorney can make all the difference. At the NAP, we bring more than five decades of combined experience to aggressively, relentlessly, and ethically pursue your debts. Let our innovative commercial collections attorneys handle the legal intricacies while you focus on running your business.
Consult an aggressive commercial collections attorney today
Don’t let unpaid debts hinder your business. Contact the Law Offices of Alan M. Cohen LLC today by calling 508-763-6604 or by sending us an inquiry through our online form. We fight to get you paid. We look forward to answering your questions and telling you more about how.