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An Experienced Lawyer Can Domesticate Your Foreign Judgment in Massachusetts

Have An Experienced Lawyer Domesticate Your Foreign Judgment In Massachusetts

Since the states included in the union of the United States of America are independent jurisdictions, following the law of the federation in certain matters – and only to a certain extent, countless legal matters become infinitely complex based on where the case is filed and what the law of the land says on the subject.

One distinct area of the law that is specifically affected by this characteristic of jurisdictions in America is foreign judgment enforcement. In legal services across USA, a foreign judgement is defined as a decision issued by a court in a jurisdiction other than where it is sought to be enforced.

As a creditor trying to domesticate a foreign judgment in Massachusetts, you need reliable legal assistance from a lawyer who has decades of experience domesticating foreign judgments in Massachusetts. In the Law Offices of Alan M. Cohen LLC, our attorneys aggressively pursue enforcement of your foreign judgment with a sophisticated legal strategy and tried-and-tested practical steps in the courtroom and out of it.

For more information about how we can help you domesticate a foreign judgment in Massachusetts, please click here.

Enforcing Foreign Judgments in Massachusetts using reliable legal services

Commercial debt collection is no simple legal matter on its own, and when you add the interlinked complications of enforcing judgments of another state’s courts, it can be challenging.

While the problem of a state’s independent jurisdiction might seem like a dead end, courts in Massachusetts – and in the other states of the country – do recognize foreign judgments when the plaintiff brings sufficient evidence to establish the existence of their debt. Unlike other states, Massachusetts does not allow registration of foreign judgments. Registration is often just a clerical step which allows you to file your foreign judgment and obtain a judgment from the new state.

Instead, Massachusetts requires that you file a new lawsuit based on the judgment that you obtained in another state. There are only a few defenses to the judgment debtor. If you had the right to pursue the debtor in your local court, obtained good service on the now judgment debtor, did not engage in any fraud preventing the debtor from defending the initial judgment and your judgment does not arise out of a cause of action which is against public policy a Massachusetts court may enter judgment in your favor. From the Massachusetts judgment, you would receive a Massachusetts execution which is necessary to seize certain of the judgment debtor’s assets.

Hiring the seasoned award-winning attorneys at the Law Offices of Alan M. Cohen LLC to domesticate and enforce your foreign judgment can mean the difference between getting paid or not.  We have years of experience of foreign judgment enforcement in Massachusetts and will keep you informed throughout the entire process. If you have been fighting a foreign decision domestication battle in the state for a while, you probably have realized the importance of having such a lawyer aggressively pursuing your case in the court.

How Massachusetts Courts Review Foreign Judgment Enforcement Cases

As a federation, the US legal infrastructure is established to vigorously protect the rights of the citizens and businesses in the country. The courts across the country maintain their own legal processes and follow the legislation passed by the people’s representatives. Massachusetts courts, thus, review lawsuits for foreign judgment enforcement with caution.  

In other words, having a sound case and the right lawyer at your side leading the battle to

Most Common Types of Foreign Decision Enforcement Lawsuits in Massachusetts

With the possibility of a successful domestication of your foreign decision in Massachusetts, you need to work with an experienced lawyer who will tirelessly pursue your debtor for your monies.

As an experienced legal services firm that has been helping businesses of all sizes, and independent professionals domesticate their foreign court decisions in Massachusetts for over 30 years, the Law Offices of Alan M. Cohen, LLC, have accumulated the experience to deliver strong and effective legal assistance for commercial debt collection.

To help you understand the kind of shape most foreign judgment enforcement lawsuits in Massachusetts might take, we have shared below two common scenarios and how we advise clients for each of them. These are success stories and, as a seasoned firm, we have successfully domesticated numerous foreign judgments in Massachusetts.

Debtor found in Massachusetts

The first type of foreign domestication lawsuit most common in Massachusetts is when a debtor, having escaped the state where a judgment was issued against them, is suddenly discovered by their creditor. In one such case, we were contacted by a client from another state who had recently found his ex-business partner, against whom they had a court judgment, working in Massachusetts.

They sent us details of the person and the case and requested our professional legal services to domesticate the foreign judgment in Massachusetts and collect the judgment debt. After further discussions, we realized the best way for our new client was to do a two-step action. First, we would file the suit to domesticate the foreign judgment. Second, we would bring a suit on the Massachusetts judgment to attach the judgment debtor’s wages.

We went to work and prepared a solid lawsuit for our client and filed the case against the debtor now living in Massachusetts. We pushed for a summary judgment and received a decision without extending the action to the courtroom for litigation.

We then filed a second action to garnish the wages of the now Massachusetts judgment defendant and also sought to attach his known bank accounts in Massachusetts. Incidentally, the client was never required to appear in court and our firm represented them throughout the case until their monies were recovered.

Debtors In Other States Of The Country

Similarly, the other common type of foreign judgment domestication lawsuit is when you are awarded a judgment against a party in a Massachusetts court although they are located in another state of the country.

We were contacted by an independent consultant based in Massachusetts who provided services to a client out-of-state. Once services were delivered, the client refused to pay, stating their business had cash flow problems. After trying time and again, the consultant got in touch with our offices.

We were ready to help the consultant. We reviewed his paperwork in which we observed that the contract contained a forum selection clause. This allowed us to sue the debtor in Massachusetts. The next step we took was to prepare a solid debt collection complaint seeking both the entry of a judgment against the debtor and a motion for an equitable injunction against the debtor. We took this approach because, when allowed, the injunction takes away the debtor’s right to withdraw from their bank accounts and requires them to transfer property to either us or the court up to the attachment amount allowed by the court.  Additionally, we also sought to attach the debtor’s national bank account up to $35,000.

Once allowed by the court and served by sheriff, this led to a hurried series of phone calls from the out-of-state client’s attorney, who readily agreed to have our client’s services invoice paid in full along with a portion of the attorney fees.For more information about the history of foreign judgment enforcement in Massachusetts, please click here.

Understanding The Process of Massachusetts Foreign judgment Domestication

In the following paragraphs, we talk about how to domesticate a foreign judgment in Massachusetts and how the Law Offices of Alan M. Cohen LLC uses attachments of your debtor’s assets to help ensure when you win the suit, you can get paid.

Filing a Foreign Judgment Enforcement Lawsuit in Massachusetts

The foremost requirement for a foreign judgment enforcement suit is the filing of a separate lawsuit under Massachusetts’ jurisdiction. You need to file a separate lawsuit along with evidence of the foreign judgment by what is called an exemplified copy of the judgment.

The Domestication Process For a Foreign Decision Enforcement Lawsuit in Massachusetts

Once you file the lawsuit, you can expect your debtor to lawyer up and build a defense based on either of the grounds discussed below:

  • That the other state’s courts did not have either subject matter jurisdiction over the law suit or did not have personal jurisdiction over the debtor; or
  • That foreign judgment debtor was not properly served with notices, summons or the out of state complaint and are, thus, technically uninformed of the underlying suit.

As you can see, this is another occasion where having the right lawyer pursuing your lawsuit comes into play and might make the difference between winning or losing the case. A proficient foreign decision enforcement lawyer will try to vet out the matter to make sure that these defenses do not exist. The Law Offices of Alan M. Cohen LLC immediately files suit on such valid foreign judgments and tries to attach any assets that your debtor owns in Massachusetts, so that when you win the Massachusetts judgment domesticating the foreign judgment, you have a better chance of getting paid.

For more information about how the Law Offices of Alan M. Cohen LLC is there for you to enforce your foreign judgment and collect on your Massachusetts, click here.

How a Good Lawyer Prepares for the Debtor’s Defense

As a plaintiff, you need to be ready for a possibly good defense of your lawsuit regardless of how solid your case looks. Your debtor has already shown you they have no intention of paying you back if they can help it. So, expect them to retaliate and try to build a defense against your lawsuit.

The experienced lawyers at the Law Offices of Alan M. Cohen LLC always expect the same and are prepared to aggressively pursue of their clients’ bad debts. If you have a seasoned lawyer on your team, you can count on them to try to anticipate your debtor’s defenses and set the table to defeat them, before they are raised.

At the Law Offices of Alan M. Cohen, LLC, we have successfully fought against and collected from persistent debtors who wanted to avoid paying back their debts in any way possible. We understand the nuances of Massachusetts’ law We relentlessly for you to try to collect your bad debt until your monies are recovered or no one else can.

For more information about some of our foreign judgment collection success stories, please click here.

Contact a Native Seasoned Debt Collection Attorney in Massachusetts Today

We are successful in most of our clients’ lawsuits for domesticating foreign judgments in Massachusetts. Our aggressive legal advisory and litigation services for commercial debt collection have earned the highest rating from Martindale-Hubbell, an impartial peer review and rating agency recognized across USA.

Contact us for your foreign judgment enforcement in Massachusetts at (508) 620-6900 or email us at acohen@collections-law.com.

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