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How can you secure a debt owed to you before you get a judgment?

On Behalf of | Jan 31, 2025 | Business Debt Collection, Pre-Judgment Attachments

When you are pursuing a commercial collections lawsuit against a business debtor, it is easy to assume that payment is just around the corner. Unfortunately, this assumption can be wrong and this isn’t always the case. In Massachusetts, the mere act of suing does not guarantee you’ll get paid. This is why prejudgment attachments are important.

At Law Offices of Alan M. Cohen & Associates LLC, our commercial collections attorneys have more than 50 years of experience helping businesses collect unpaid debts. Our collection attorneys are aggressive and relentless when it comes to securing payment for business debts owed to you, and they do so by employing ethical and innovative strategies allowed under Massachusetts laws, like securing prejudgment attachments.

What is a prejudgment attachment?

Prejudgment attachments are powerful legal tools that can significantly improve your chances of recovering unpaid receivables. They allow you to secure assets of the debtor before the court issues a judgment. Essentially, they freeze your debtor’s assets, in order to make sure that there will be something to collect once you win your case. Massachusetts law allows for prejudgment attachments in civil lawsuits.  There are three common types of prejudgment attachments used to secure payment for unpaid debts.

Attaching real estate to secure your judgment

Real estate attachments allow you to place a lien on the debtor’s property. This means that before your debtor can sell or refinance property, your debt will have to be paid first. By securing an interest in the debtor’s real estate, you effectively freeze their ability to liquidate or transfer the asset without addressing your claim. This attachment provides a strong incentive for debtors to settle their obligations.

Using an ex-parte trustee attachment to secure your debt

An ex-parte trustee attachment involves garnishing funds held by a third party on behalf of the debtor. This can include bank accounts, accounts receivable or other financial assets. By intercepting these funds before they reach the debtor, you ensure that there are available resources to satisfy your claim. This method is especially effective if the debtor’s liquid assets are tied up with financial institutions or clients.

Using personal property attachments to secure your debt

Personal property attachments target the debtor’s tangible personal property, such as vehicles, equipment, or inventory. By attaching these assets, you gain the right to seize them if necessary to satisfy your debt. This form of attachment can be particularly useful if the debtor lacks real estate but possesses valuable physical assets. Attaching personal property in advance will also act as a deterrent against the disposal or hiding of assets during legal proceedings.

How do you know which prejudgment attachment to use?

An experienced commercial collections attorney can help you evaluate the circumstances of your case and determine if there is a viable option for a prejudgment attachment and which type you should utilize. At Law Offices of Alan M. Cohen & Associates LLC, our commercial collections attorneys are efficient and effective. They have an in-depth understanding of what legal options are available for you and how to utilize them to improve your chances of recovering payment on your unpaid debts.

Consult An Aggressive Commercial Collections Lawyer

Hiring a seasoned commercial collections attorney increases your chances of collecting your business debts. Our experienced commercial collections lawyers can evaluate your claims and help you secure any applicable and necessary attachments to protect your interests. To schedule an initial consultation, you can reach us by calling 508-763-6604 or by sending an inquiry through our online form. Let us fight to get you paid.

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