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Experienced Massachusetts Debt Collection Lawyers Can Make the Difference in Foreign Judgment and Massachusetts Civil Judgment Debt Recovery

Experienced Massachusetts Debt Collection Lawyers Can Make the Difference in Foreign Judgment and Massachusetts Civil Judgment Debt Recovery

Whether you’ve won a foreign judgment or civil judgment, debt recovery in both situations can be difficult without legal support and representation of an experienced Massachusetts debt collection lawyer. An experienced debt collection attorney like Alan M. Cohen is your best bet to ensure the stress-free recovery of delinquent debt accounts. And that is not an overstatement in any meaning of the phrase.

Working with a knowledgeable and well-versed attorney who has a rich experience in dealing with different types of debtors and knows exactly what debt collection tools to use for speedy collections can help you recover your hard earned monies back. Continue reading to find out how our experienced attorney Alan M. Cohen can make the difference in foreign judgments and Massachusetts civil judgment debt recovery.

  • Ability to Recognize the Type of Debtor You Are Dealing With

Operating in the Massachusetts legal industry for over 3 decades, Alan M. Cohen has the knack for identifying the type of debtor that you might be dealing with, which  is the first step to success. Being knowledgeable about the debtor and what they are capable of doing enables our debt collection lawyer to strategize accordingly—thereby using the right set of debt collection tools and techniques to prosecute your claims effectively, aggressively and efficiently.

Here are the 2 common types of commercial debtors you could be dealing with:

  • Debtors Who Are Victims of Misfortune

This type is perhaps the most common one. Their bad luck could be because of uninsured theft or fire or reduction in the company’s income because of a natural disaster like a flood or earthquake. Other reasons of misfortune could be linked to poor business conditions within their community or even the industry; and increasing account receivable turnover. Still more likely is that they are just bad business people.

Sometimes debtors can’t pay in a timely manner because their money is stuck in account receivables, and their debtors aren’t paying them. In such a scenario, this type of a debtor would request extra time to make the payments. But the real decision comes down to whether or not you’re willing to grant them this extra time at a small payment amount without any security. Are you in a position to accept their request and increase your account receivable turnover cycle without negatively impacting your own business? Are you willing to risk that another creditor will not be as generous and swoop in and attach your debtor’s assets?

Though a large business owner may consider it, an SME might not be able to provide such a debtor more flexibility because their working capital depends on it. You’d want to get your payments back to stay solvent and maintain adequate liquidity. You want to make sure that any extended payment plan is secured. When your debtor is not willing to do so you have two choices: Do nothing and hope for the best; or Take Action and call Attorney Alan M. Cohen. This is where our experienced debt collection lawyer can play a vital role and make the difference in Massachusetts civil judgment debt recovery. That’s right; our experienced collection attorney can pick which pre-judgment and post civil judgment remedies to use, including the lesser-known and used debt collection tool ‘Reach and Apply Injunction’, to help effect debt recovery.

A Reach and Apply Injunction is a smart legal action that only an experienced attorney would consider exercising typically because it’s not popular or commonly used. But that doesn’t mean that it is not effective. By using this debt collection tool, our experienced collection lawyer will seek to enforce a civil judgment or foreign judgment strategically by suing a third party that happens to owe your debtor money. 

With this recovery tool, you will not have to wait for your debtor to resolve their liquidity problems by chasing the debt that is owed to them by a third party. If the court approves, you can get the money back directly from the third party. The tool is quite effective as it gets you in touch with the third party, while staying well in compliance with the law, and cut your debtor out of the loop.

In other words, the third party will be liable to pay money to you directly that they owe to your debtor.

  • Dishonest or Fraudulent Debtors

Another common type of debtor that you could be dealing with is the dishonest or fraudulent debtor. Though only a small fraction of business owners who use credit are fraudulent, nonetheless, they do exist. You can’t simply shut your eyes and deny it.

Such type of debtor has zero intentions of paying off the debt they owe you. They scam and cheat creditors for the sake of filling their own pockets. After ordering and receiving merchandise in excess and on credit, they’ll:

  • Refuse to pay by claiming that you didn’t deliver up to mark,
  • Use delaying tactics so that you eventually write them off as bad debts and waive them, or
  • Hide away their assets and refuse to communicate with you.

If you’re dealing with this type of a debtor, Alan M. Cohen knows how to recover payments from fraudulent debtors in conformance with the Massachusetts law.

Most often, when you’re dealing with a fraudulent debtor who has no intention of paying, our attorney can enforce civil judgment aggressively by using strategies like seeking bank attachments, real estate attachments, personal property attachments reach and apply injunctions, equitable injunctions, where appropriate keeper attachments, and post judgment wage garnishments (to name but a few. 

An attachment is an effective and aggressive statutory remedy that is available to creditors in Massachusetts. By using this debt collection technique, our attorney will freeze your debtor’s (defendant’s) assets at the commencement of a lawsuit.

Attachments are of two types:

  1. With notice—as the title suggests, the debtor is notified that their asset is being frozen;
  2. Ex-parte—when the debtor is not notified, or is absent, and the asset is seized without informing the debtor.

Attachments can prevent the debtor or defendant from transferring, hiding, selling, or even encumbering their assets.

Here it is important to understand that attachments are of different types, and that the court allows attachment on ex parte basis only in certain situations. The different types of attachments are:

  • Real estate attachment where the debtor’s property in Massachusetts is attached thereby preventing the debtor from transferring or selling it to someone else before they pay your monies back. Ex-parte attachment on real estate can be sought after only in certain situations such as if you persuade the court that:
  • You will be able to recover judgment in an amount that is equal to or greater than the amount of the attachment over and above any liability insurance known or reasonably believed to be available,
  • The debtor may sell, conceal or transfer the property upon notification.
  • There is a clear danger that the debtor will damage or even end up destroying the property to be attached.
  • Bank attachment where the attachment allows the creditor to freeze the debtor’s bank account so that they can’t withdraw or use the money in their account. Bank attachment can be allowed by the Court on ex-parte basis in the State of Massachusetts.

Another thing that you the judgment creditor must understand here is that attachments (whether notified or ex-parte) only help in freezing cash, freezing bank accounts or preventing property from being sold. It doesn’t mean that you’re entitled to use or keep the assets secured in attachments until you actually win the case.

Alan M. Cohen, our experienced Massachusetts debt collection lawyer, uses this strategy to obtain pre-judgment security on both honest and dishonest debtors so that when you win, you will get paid. A side effect of an attachment is to even the playing field which may persuade a debtor to come to the table and engage in a meaningful settlement discussion. Our attorney will do all the permissible legwork to determine what assets that your debtor may be hiding from you to avoid payments or settlements. These are the assets that can be used to collect your judgment and gain payment of the bad debt you are owed.

Our attorney uses attachments because based on our 30 years of legal industry experience, this is definitely a reliable tool to get debtors who have zero intentions of making debt payments as well as those who are reluctant to provide security or who are playing ostrich to come to the table and compel them to pay back.

  • Has the Know-How about How to Enforce Foreign Judgments in Massachusetts

Experience truly matter when it situations when the creditor has an out-of-state judgment and wants to recover money from a debtor who operates in Massachusetts. A novice attorney or an attorney who just dabbles in collections may not have the solid understanding or experience on how to enforce a foreign judgment in Massachusetts and ensure debt recovery. But don’t you worry! With our experienced debt collection lawyer by your side, no matter where you are our foreign judgment collection attorney will provide you quality guidance and step by step communication as he works enforcing a foreign judgment and recovering monies from a Massachusetts based debtor.

As our attorney has helped and represented numerous foreign judgment creditors, we have a sound understanding of the procedural rules and Massachusetts law pertaining to foreign judgment enforcement. Rest assured, you can focus on strategies and activities for generating more revenues while our debt collection attorney works diligently to recover your delinquent debt from your debtor in Massachusetts.

Our experience makes a huge difference in enforcing foreign judgments in Massachusetts predominantly because there are no delays or trial and error involved. We know the procedural rules and steps to take. For example, our attorney will first domesticate your out-of-state judgment by filing a suit on your behalf in Massachusetts court. Simultaneously, we’ll investigate about your debtor’s assets in the State of Massachusetts so that we can take appropriate actions for efficient debt recovery.

As the judgment is being domesticated, we pursue your case aggressively by using a combination of different debt collection tools and strategies. It is important to pursue such cases aggressively because it prevents judgment debtors from evading payment and depriving you from the monies that belong to you.

Based on the complexity of your case and where in the process your case is, our attorney will select strategies accordingly in combination or separately. These may include but are not limited to:

  • Pre-judgment attachments,
  • Reach and apply injunctions,
  • Lien, and
  • Wage garnishment.

At the Law Offices of Alan M. Cohen LLC, we never stop or give up. We’ll do our best to discover every asset of your debtor in Massachusetts and work relentlessly to recover your debt. Simply put, our attorney is all in to collect your debt from your debtor in Massachusetts. With us, you don’t usually have to be in Massachusetts in person or fly back and forth to stay abreast with the debt collection process.

We’ll keep you informed about and updated. In fact, our attorney will continue to follow-up with your debtor until the debt is paid in full or in the amount for which you want to settle. Foreign judgment domestication, enforcement of civil judgment or foreign judgment and debt recovery is what we do best. From domesticating your judgment to initiating a claim, enforcing it and collecting your debt, our attorney is here to assist you every step of the process and will work on your behalf to help you get back your monies.

Our experience and comprehensive understanding of the debt collection laws in Massachusetts helps us provide you with a stress-free debt collection process.

Though we may use aggressive measures to recover your debt, we nonetheless make sure that all of the debtors are treated with sheer respect and dignity. Our goal is to help you with debt recovery while ensuring that you and your debtors remain on good terms so that both sides can do business in the future.

Contact us Today

So, don’t just keep hoping that someday your debtor will pay your monies back. Call on (508) 620-6900 or email us at acohen@collections-law.com to discuss your case. Allow our experienced Massachusetts debt collection attorney handle your case and enforce judgment on your behalf. We have been awarded with the highest rating from Martindale-Hubbell—a peer rating organization. This is truly an achievement because Martindale Hubbell rating serves as a testament to the fact that our peers also rank us at the highest level of professional excellence.

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