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How to Avoid Deadbeatitus Using Ex Parte Bank Attachments

How to Avoid Deadbeatitus Using Ex Parte Bank Attachments

In Massachusetts, the legislature enacted a statute and the Courts have created rules which allow a creditor in certain circumstances to obtain ex parte bank attachments. Ex parte means without notice to the debtor. If a creditor can demonstrate by a sworn statement under oath that those conditions are met, a court, prompted by proper advocacy, may allow the creditor’s motion for ex parte bank attachments. The debtor may, upon proper notice may seek then to set aside the ex parte bank attachment. The below war story demonstrates the effect of ex parte bank attachments on a recalcitrant debtor.

BOSTON…. A meat wholesaler’s customer came down with an acute case of deadbeatitus. Recognizing the first symptoms of this dreaded disease — unfulfilled promises of payment and unanswered telephone calls– the meat wholesaler called me.

Without delay, I treated the deadbeat patient to a lawsuit and obtained an ex parte bank attachment for prejudgment security. The attachment froze almost $15,000.00 of the customer’s cash.

Due to my aggressive commercial debt collection techniques, the customer agreed to pay the entire principal, costs, interest and all but $1,000.00 of attorney’s fees. KA-CHING!!

For more information about the use of ex parte bank attachments, visit our website at www.collections-law.com, email Attorney Alan M. Cohen at alanmcohen@collections-law.com or call Attorney Alan M. Cohen at 508 620 6900.

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