Frequently Asked Questions
At Law Offices of Alan M. Cohen & Associates LLC, we answer questions every day. Both potential and existing clients rely on our extensive knowledge to lead them to debt collection successes. To get up-to-date information on topics such as those below, let us hear from you.
Why should my company hire the Law Offices of Alan M. Cohen & Associates LLC, to collect unpaid accounts receivable in Massachusetts?
Our philosophy is simple: Get You Paid. We never give up. We pursue your delinquent debtor until either you get paid or no one else can get you paid. We treat your debt as our debt as we tirelessly pursue debt recovery. Alan M. Cohen is the last name that your debtors want to hear.
How do you effectively collect debt in Boston, Worcester, Springfield and throughout Massachusetts?
When we first get a file in from a client, we look into the debtor, including the other parties involved in its business transactions and what is posted on social media. From there, we determine which collection tactic would be most effective in swiftly collecting our client’s bad debt. Unlike others who write demand letters and make calls, we figure that you have already done that and want an aggressive and relentless debt collection action. That is exactly what we provide: action through litigation.
What makes a good Massachusetts bad debt collections attorney?
A good Massachusetts collection attorney is driven to do what it takes within the boundaries of the law, no matter how long it takes to collect the delinquent debt. Listening to clients and keeping them informed of everything that is happening in the case is crucial. At the Law Offices of Alan M. Cohen & Associates LLC, aggressive, relentless, innovative and successful bad debt collection is wired into our DNA. We send a copy of every communication that we send and receive on your case to you.
Is a mechanic’s lien really important in the construction industry?
Absolutely. A mechanic’s lien gives certain individuals in the construction industry the right to have a security interest in the property that they have helped to improve. If you are timely and have the right paperwork, you can perfect a lien on property owned by a person or entity with which you have no contractual relationship. At the Law Offices of Alan M. Cohen & Associates LLC, attorney Alan M. Cohen has nearly four decades of experience working with mechanic’s liens.
How can we domesticate your foreign judgment in Massachusetts?
Effective on April 1, 2019, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act. Now, out-of-state creditors can either wait until the new judgment is formally domesticated or bring a new suit and immediately seek pre-Massachusetts judgment security, so you don’t have to wait to begin attempting to collect your debt. The aggressive collections attorneys at the Law Offices of Alan M. Cohen & Associates LLC, have nearly half a century of collective experience in not only domesticating but also collecting foreign judgments as well.
Why is an ex parte attachment a useful debt collection tool in Massachusetts?
When the facts warrant it, the courts may allow a creditor to attach a debtor’s property without notice where there is a sufficient likelihood that if the debtor were to receive notice, they would remove or encumber the asset. It is not common that a debtor will leave money in a bank account when given notice of a bank attachment. The Law Offices of Alan M. Cohen & Associates LLC, seeks, where appropriate, to attach ex parte the debtor’s bank account through “trustee process.”
What is the statute of limitations on debt in Massachusetts?
According to Chapter 260, Section 2 of Massachusetts General Laws, there is a six-year statute of limitations on any means of legal action on collecting debts. However, the Uniform Commercial Code limits the statute of limitations to four years for goods sold and delivered. Promissory notes under seal can, depending on the circumstances, be either six years or 20 years. If you plan to seek damages pursuant to the Massachusetts Consumer Protection Law, then that statute of limitations is only four years. Claims for misrepresentation or fraud have a three-year statute of limitations. At the Law Offices of Alan M. Cohen & Associates LLC, timeliness is of the essence, which is why we act quickly when pursuing bad debt collections.
What’s the difference between a collections law firm and a collections agency?
While a collections law firm such as the Law Offices of Alan M. Cohen & Associates LLC, can pursue judgment and collections of your bad debt, a collections agency is powerless to take legal action against your debtor. Collections agencies must go through law firms if they want to pursue these actions, which slows down the process. For speedy, effective and ethical collection tactics, the Law Offices of Alan M. Cohen & Associates LLC will fight to collect your bad debts through collection litigation.
Can debt collection attorneys garnish wages in Massachusetts?
Part of our relentless and aggressive post-litigation tactics at the Law Offices of Alan M. Cohen & Associates LLC, includes wage garnishments when your individual debtor is avoiding payments. Wage garnishments are court-ordered mandates that your debtor’s employer must comply with, making this an effective post-litigation tactic that we use when debtors refuse to pay you directly.
How long does it take to receive an injunction in Massachusetts?
In most cases, getting an injunction through the Court of the Commonwealth of Massachusetts can be as speedy as 1-2 weeks, with same-day temporary restraining orders possible in select cases subject to the court’s discretion based on Massachusetts Civil Procedure Rule 65.
Does FDCPA apply to businesses?
The Fair Debt Collection Practices Act is only applicable to debts pertaining to personal matters involving families and household practices. When seeking to collect commercial debt, the Law Offices of Alan M. Cohen & Associates LLC, is not subject to the FDCPA, but that does not mean that our aggressive debt collection tactics are not ethical in nature.
What is a writ of execution, and how does it work in Massachusetts?
A writ of execution allows a Massachusetts deputy sheriff to seize the debtor’s nonexempt assets and sell them at public auctions. The Law Offices of Alan M. Cohen & Associates LLC uses writs of execution to seize and sell assets and/or persuade debtors to pay up.
What can be taken on a writ of execution?
Through a writ of execution, the sheriff can take possession and sell your debtor’s nonexempt tangible assets. Using the writ of execution, the sheriff can also seize and sell your debtor’s interest in real estate to enforce the legal judgment entered by a court of law.
How long is an execution good for in Massachusetts?
An execution is good for 20 years from the date of issue. Prior to the expiration of an execution’s validity, the execution can be renewed for successive periods of five years each. The Law Offices of Alan M. Cohen & Associates LLC knows how and when to execute upon executions to collect your bad debt whether it takes one year, five years, 10 years or 20 years. We fight for you until the debt is either collected or no one else could get you paid.
How much does a mechanic’s lien cost in Massachusetts?
Recording a mechanic’s lien involves recording the notice of contract, the statement of account, filing the complaint and recording an attested-to copy of the complaint with the appropriate registry of deeds. Typical recording costs are $105 for each recording. However, if the property is both recorded land and registered land, each aspect of the lien would have to be recorded in both places. In the rare event that the land being liened straddles two counties, the lien must be recorded in each county to be effective. With nearly 50 years of collective experience, the Law Offices of Alan M. Cohen & Associates LLC will get your mechanic’s lien done right.
Do Massachusetts mechanic’s liens have priority?
Massachusetts is a record notice state. That means the liens have priority in the order in which they were recorded. Between mechanic’s liens, one mechanic’s lien does not have priority over another unless there is an intervening attachment or mortgage. In the event of a foreclosure, assuming no intervening liens (mortgages, etc.) or attachments, all of the mechanic’s liens share pro-rata with the other mechanic’s liens. However, if your mechanic’s lien is recorded and then a mortgage or attachment is recorded afterward, and then five more mechanic’s liens are recorded, in the event of a foreclosure, your mechanic’s lien would be satisfied in full before any remaining proceeds are split between the remaining mechanic’s liens. This means that time is of the essence in recording a mechanic’s lien to better the likelihood that you will get paid. The Law Offices of Alan M. Cohen & Associates LLC, aggressively prepares, records and pursues mechanic’s liens to try to give you the best chance of getting paid.
Do Massachusetts mechanic’s liens expire?
Yes. If suit is not brought within 90 days after the recording of the statement of account, your mechanic’s lien will be dissolved as a matter of law. Even if suit is timely brought, in the event that an attested copy of the complaint filed to enforce the lien is not recorded in the appropriate registry of deeds within 30 days of the court filing, your mechanic’s lien will be dissolved as a matter of law. At the Law Offices of Alan M. Cohen & Associates LLC, we know how to properly prepare, timely perfect and timely enforce mechanic’s liens so that your chances of collection are not blocked by procedural missteps.
How do I put a mechanic’s lien on property that I have worked on?
Mechanic’s liens are statutory and are the only type of lien you can put on a property without having to have a judge sign off. Mechanic’s liens require strict performance with the mechanic’s lien statute, which has many different parts. First, you must have a written contract or documents constituting an enforceable written contract in Massachusetts; the contract must relate to a specific property (credit applications are insufficient). Once you have a written contract, the next steps that you need to do depend on whether you are contracting with the owner (general contractor, contracting with the general contractor (subcontractor) or contracting with a subcontractor (sub-subcontractor). There are many moving pieces and timelines in this process and if you miss one step, your mechanic’s lien will fail. The Law Offices of Alan M. Cohen & Associates LLC, has decades of experience preparing, perfecting and enforcing mechanic’s liens so that you have the best chance possible of getting paid.
How long does a judgment last in Massachusetts?
In the commonwealth of Massachusetts, there is a presumption that judgments are paid after 20 years. However, that is just a rebuttable presumption. There are a few ways of making sure that the judgment’s validity remains unquestioned. The first is to bring a new suit on the judgment, which will reset the 20-year clock. The second approach is to file a motion with the court to attempt to extend the time period of the presumption. At the Law Offices of Alan M. Cohen & Associates LLC, we collect judgments.
How is a foreign judgment enforced in Massachusetts?
Since Massachusetts adopted the Uniform Enforcement of Foreign Judgments Act changed the foreign judgment process, Massachusetts has now joined the majority of the states in allowing a cost-effective way of registering a foreign judgment. Prior to this, the only way you could have your foreign judgment enforced is by filing a new lawsuit based on the foreign judgment. The new law allows the registration of judgments and sets forth the burden of proof to challenge the validity and enforceability of foreign judgments. The Law Offices of Alan M. Cohen & Associates LLC is experienced in enforcing Massachusetts judgments and collecting judgments.
What is an execution on money judgment in Massachusetts?
An execution on money judgment is, in essence, an execution to collect a judgment awarding one party money from their opponent. It differs from an execution for possession, which is issued in eviction actions.
What is a reach and apply injunction and how can I use it to enforce a judgment?
The Law Offices of Alan M. Cohen & Associates LLC aggressively and commonly uses reach and apply injunctions as a method of collecting your debt by ordering your debtor’s debtor to pay you instead of your debtor directly. This helps to ensure that your debtor is cut out as a middleman, and you get the payments you are seeking.
What is post-judgment discovery?
Post-judgment discovery forces your debtor to answer questions about their assets. Ordinarily, prior to obtaining a judgment, what a debtor has in assets is not relevant to whether the debtor owes you money and how much is owed. The entry of a judgment flips the switch allowing you to shine a light on the debtor’s assets. Some may be readily available while others are uncovered only by peeling back the onion to see what the debtor really owns. The Law Offices of Alan M. Cohen & Associates LLC uses post-judgment discoveries as an aggressive method of getting you paid. In short, post-judgment discovery allows us to follow the money trail to maximize your chances of getting paid.
Solve Your Debt Collection Challenges With Our Aggressive, Innovative Approaches
Our debt collection attorneys have built a strong reputation for getting the results our clients seek. Every successful debt collection story at our law firm begins with a meeting of the minds between our team and our clients. Schedule a consultation by calling 508-763-6604 or send an email message through our online form.