Debt Collection Blog

"Relentless Collection Attorneys"

Enforcing Civil Judgment Is Best Done Using An Experienced Massachusetts Debt Recovery Collection Lawyer

Enforcing Civil Judgment Is Best Done Using An Experienced Massachusetts Debt Recovery Collection Lawyer

After receiving a judgment in favor, you as the civil judgment creditor may think that you have won the case and now debt recovery is inevitable.  I am sorry to say “No, Virginia that there is no immediate debt recovery, in most cases”. In a perfect world, unfortunately, that doesn’t really exist. Indeed, if it did, you would not have to sue your customers ever and there would be no deadbeats and you would not be reading an article about debt recovery on civil judgments! A civil judgment against the debtor may represent the end of a court case and termination of phase one of the lawsuit, but does it mean that you will get paid? Not exactly, unless you have an experienced debt recovery collection lawyer like Alan M. Cohen handling your case, relentlessly attempting to collect your civil judgment and looking after your interests.

That’s right; a civil judgment in your favor is only half the legal battle won. The other half depends on how it is enforced and followed up. Enforcing civil judgment with a help of a debt recovery collections lawyer is crucial for successful debt recovery because in most cases the judgment debtor may fail to voluntarily pay the civil judgment. So, unless you have an experienced debt collection attorney by your side, you cannot be confident that you’ll get your monies back even after winning the judgment.

If you have won the civil judgment, an experienced collection lawyer may use different legal tactics to obtain debt recovery from the judgment debtor. An experienced collections attorney has the knowledge and understanding of the Massachusetts Civil judgment law and in compliance to it may select a legal pathway to get you paid on a money judgment.

Under the Massachusetts Rules of Civil Procedure, a judgment creditor has broad power to obtain discovery from any person to assist in obtaining payment of a judgment (Massachusetts Rules of Civil Procedure Rule 69). Additionally, post judgment discovery can be used to acquire documentation providing evidence about the debtor’s assets such as bank statements, tax returns, income, investment accounts, collectibles, equipment, real estate and any other type of valuable assets.

Using such evidence, the collection lawyer can take relevant actions like use the power of ex parte attachment to freeze bank accounts of the debtor—preventing the debtor from using or withdrawing money for the accounts. Such actions can really help in debt collections especially when the debtor has no intentions of paying you the money otherwise.

Alternatively, a collection lawyer can also advise you to commence a new lawsuit that solely focuses on debt recovery of the prior civil judgment. This is also known as a suit on a judgment if brought in regular sessions, or if brought solely to obtain a payment order, supplementary process. In supplementary process actions, the judgment debtor must appear in the court and submit itself to an examination under oath that is relative to their assets and ability to pay. To learn more about this enforcing civil judgments by using an experienced debt recovery collection attorney, call (508) 620-6900 or email us at acohen@collections-law.com. Get in touch with our experienced collections lawyer for the proper enforcement of your civil judgment and debt collection.

Testimonials
client success stories
Debt Collection Blog