Post-Judgment Collections For After Your Court Victory
With nearly 50 years of experience, the collections attorneys at The Law Offices of Alan M. Cohen LLC fights to help our clients collect their judgment debts. We don’t dabble in post-judgment collections. It is what we do. To learn more, look our website over today. To have our aggressive post judgment collections attorneys fight to enforce your judgment, call 508-763-6604.
Before our collections attorneys have obtained a judgment for your business, Massachusetts Courts don’t allow an inquiry into the debtor’s assets. That all changes once we have obtained a judgment on your behalf. Now the fun part of Massachusetts judgment collection begins.
In addition to pursuing prejudgment attachments, post judgment attachments, foreign judgment collection, business debt collection and mechanic’s liens, the Massachusetts judgment collections attorneys at the Law Offices of Alan M. Cohen LLC will aggressively and relentlessly pursue post-judgment collections for judgment creditors to attempt to ensure that you get paid the money from your court victory. Our experienced and relentless Massachusetts collections attorneys utilize a multitude of legal tactics that are aggressive, ethical and effective.
When determining which litigation tactic to use, we do our research on the debtor to try to find out information on whom they might interact with and their regular transactions. Instead of endlessly writing letters and calling your delinquent debtor to no avail, we pursue relentless action through litigation and post-judgment remedies for more effective results.
Property Seizure-Sheriffs And Executions
Once we have won the case for our creditor clients and have received a writ of execution from the court, we can direct the deputy sheriff to seize all or some of the debtor’s nonexempt assets. Subject to existing liens and statutory exemptions, the sheriff can sell the debtor’s belongings at public auctions for post-judgment collections, with the net proceeds paid to you! Despite the exemptions, the right to seize and sell is an important weapon in our collection arsenal.
Furthermore, asset seizure is not limited to seizing and selling personal property. Once we have an execution, we can seize and sell the debtor’s saleable interest in real estate. Initially, our Massachusetts collection attorneys will direct the deputy sheriff to levy and suspend the sale of the real estate in question. If a real estate attachment was already obtained previously, the levy would, in a way, “marry” to the amount of the attachment. For more details as to what this means, visit our FAQ page or give us a call at 508-763-6604. You can also email us to reach our commercial debt collection attorneys.
One tactic we use to secure post-judgment collections is called “post-judgment litigation.” In post-judgment litigation, we bring suit on the existing civil judgment, allowing us to bring in new parties or advance new theories to get you paid. Those theories may involve using reach and apply injunctions to seize monies owed by businesses owing your debtor monies. In essence, reach and apply injunctions work in the following situation: If “A” owes money to “B” and “B” owes money to “C”, then reach and imply injunctions would direct “A” to pay “C” directly, thereby cutting the middleman debtor “B” out of the loop.
Reach and apply injunctions can also be used to attach an individual debtor’s legal and/or beneficial ownership interest in trusts in which the debtor is a beneficiary, or in corporations in which the individual judgment debtor has an ownership interest.
Other possible approaches include trying to impose individual liability on the owners by peeling the corporate onion to follow the money back to the owners. Post-judgment discovery allows us to determine whether the corporate debtor’s owner had used corporate assets improperly for his or her personal benefit. In addition to using reach and apply injunctions to attach your debtor’s interest, our experienced Massachusetts collections attorneys can also seek post-judgment ex parte bank, personal property, real estate, and/or keeper attachments.
On some occasions, we may also pursue post-judgment litigation against individual defendants by filing complaints for wage garnishment. If a court is agreeable to order a wage garnishment against your debtor, their employer must legally comply, making this an extremely effective tactic when your debtor refuses to pay. We also pursue litigation against corporate defendants seeking receivership to liquidate or sell their business.
Yet another method we can employ in the service of post-judgment collections is supplementary process.
Supplementary process is a relatively inexpensive new action that forces the debtor into court for an asset examination and a payment order. If the debtor fails to appear for the examination or comply with the court’s payment order, the court can issue a capias warrant, or bench warrant, for the debtor’s arrest.
A bench warrant is a serious matter. If the creditor desires, we will direct the deputy sheriff to physically arrest the debtor and literally haul them into court to face the judge.
Start Collecting What’s Yours Today
After your court victory, don’t leave your post-judgment collection to chance. Get in touch with the seasoned Massachusetts judgment collections attorneys at the Law Offices of Alan M. Cohen LLC to start collecting what you’re owed today! Call us at 508-763-6604 or email us through our online form.