Among many tactics used in commercial debt litigation to collect unpaid debt is “Piercing the Corporate Veil.” In simple terms, veil piercing is a situation in which courts put aside limited liability afforded by corporate structure and holds a corporation’s...
As with any legal matter, the process of enforcing judgments is determined state by state. Here we take a closer look enforcing Massachusetts judgments. For starters, a judgment is a final order of a court that shows how much money is owed by one party to another....
Among the many strategies used in debt collection law, there are attachments. And with attachments, there are two types – with notice to the defendant and without (ex parte). Generally speaking, courts are reluctant to issue ex parte attachments on real estate because...
Knowledge is power, even more so when it comes to collecting money from a deadbeat client who refuses to pay. Exceptional Massachusetts debt collection strategy requires knowing how to use court rules, case law and statutory tools to best help businesses collect debt....
The case snippets and West head notes below come from a case that Massachusetts Collections Attorney Alan M. Cohen brought on behalf of a prominent Boston Patent Law Firm to collect unpaid attorneys fees from out of state clients. In the opinion below, Judge Wolf...
In a closely held corporation, minority shareholders are owed by the majority shareholders, and vice – versa, a fiduciary duty of utmost good faith and loyalty. Bernstein v. Pritsker, 30 Mass. L. Rep. 630, 2013 Mass. Super. Lexis 18 (Superior Court, Leibensperger, J.,...
The Massachusetts Long Arm Statute, M.G. L. c. 223A § 3, states: A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity arising from the person’s (a) c. 223A § 3in this Commonwealth, (b)...
When seeking to collect commercial bad debt on behalf of our clients, upon review of the file we immediately begin searching for ways to use our creative debt collection techniques to locate and freeze assets from which to get our clients paid. Once identified we...