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Massachusetts Debt Collection Laws: Knowing Your Rights as a Business

As in all legal matters, the strategy is dependent upon the legal rights in each particular jurisdiction. This is why, as a business owner, it is critical to know and understand your rights in order to protect your assets and to recoup any uncollected debt that is rightly owed to you and your company. By doing so, you can help prevent unwanted debt from happening in the first place or better position yourself should you end up taking your bad debt problem to court. From choosing the venue where you can bring suit to understanding Massachusetts law loopholes, there are debt collection laws specific to the state of Massachusetts. Here we cover a few…

Forum Selection Clauses are enforceable in Massachusetts. This allows the creditor to litigate where he/she is located, rather than to travel to where the debtor is located – saving time and money in travel expenses.

A creditor in Massachusetts can choose from three or more venues or locations when deciding to bring suit in a business to business transaction. This has important tactical implications. An experienced Massachusetts debt collection attorney is familiar with the “personalities” of all the local courthouses!

The Massachusetts Homestead Act protects up to $500,000 of a homeowner’s equity from creditors. However, there is a Bankruptcy Code that preempts the preexisting debt exclusion. This allows the debtor to file a homestead after purchasing product from a creditor, then file bankruptcy and still receive the benefit of a homestead. A creditor has several options to reduce this type of liability, some of which include requesting a mortgage on a debtor’s property before selling goods and services or using notices of contract.

An experienced debt collection attorney in Massachusetts is knowledgeable of the laws specific to the state and will use that knowledge to employ the best strategy to get their clients paid! If you are in need of an attorney who will protect your assets and fight for what is rightly owed to you, then contact the Law Offices of Alan M. Cohen LLC today! Send us an email to alanmcohen@collections-law.com or call (508) 620-6900.

Testimonials

We hired Alan Cohen to collect monies for us that were over 120 days old. It was our experience (from past lawyers we used) that a...Read More

Marta KenneyEast Coast Plumbing

Dear Alan: It was great speaking with you the other day. I really want to thank you for your expert advice and detailed insights regarding the...Read More

David S. MacIntyre, Esquire

We requested the services of Attorney Alan Cohen to handle a collection matter with an out-of-state client. In 20 plus years as an accounting professional, I...Read More

Maureen Geehan

I endorse Attorney Alan M. Cohen as an excellent collections lawyer. Alan has represented my late brother’s company for many years and I have dealt with...Read More

Joel M. Reck

I am a retired attorney and trustee in bankruptcy. I have known Alan for over 25 years. Over the course of that time, I have referred...Read More

John Burdick

I am an attorney in California that sought out Mr. Cohen's services in connection with domesticating a California Judgment in MA on behalf of a finance...Read More

Richard L. Weiner, Esq.Law Office of...

I own a tech marketing company that has clients nationwide. Unfortunately, I have more than my fair share of clients not paying invoices. I’ve tried using...Read More

Scott ThompsonAstoria Company

Just completed a construction project collection case with Alan. I was very pleased with his representation. I consider him to be of the highest legal competence...Read More

Laurence R. LandisEPIC Metals

In my 40 years in business I have never met a more professional, talented, relentless attorney as Mr. Cohen. I hired Alan to try and collect...Read More

Robin P. SweenySymmetry Partners

In my industry, customers can become delinquent and in one case, a customer stopped paying his invoices. I contacted Alan and explained my story. He went...Read More

John Potts

I contracted with Alan Cohen to assist with a rather complex collections matter. As a resident of another state, Alan was able to provide excellent representation...Read More

Marc Insul Commercial Asset Preservation,...

The Law Offices of Alan Cohen were recommended by another lawyer to me as an honest, hardworking and effective firm. After engaging Alan, I fully support...Read More

M. Sutherland

It is with great pleasure we write this testimonial to prospective readers, clients, and those thinking about engaging a collection service. If the readership is anything...Read More

Ted Wong Lun Fat Produce,...

Lawsuits are hard. They are hard on everyone-‐ No question about it! I interviewed lots of attorneys in Massachusetts, finding that most were wiling to take...Read More

Lynn Mitchell

I would highly recommend the offices of Alan Cohen for matters involving debt collection. Alan was persistent, relentless, and resourceful in pursuing the assets of a...Read More

Gal Cohen, Ph.DPAX Labs, Inc

Air Purchases, Inc has used the Law Offices of Alan Cohen since 2013 and I’m very happy that I switched to his firm. I have been...Read More

Donna A. Russo Air Purchases, Inc

Alan Cohen handled a difficult collection matter on behalf of Cook & Boardman several years ago. Alan demonstrated expertise in filing a lien and subsequent foreclosure...Read More

Randy Nolen The Cook &...

Thank you again for the excellent work you performed in obtaining payment of the Judgment entered in favor of (our client’s debtor) in the Franklin Circuit...Read More

Robert C. Moore Stites & Harbison...

We provided consulting services to our customer. They fell behind in their payments and did not act like they really cared. Alan methodically and diligently worked...Read More

Kelly Parker Talentlink, Inc

I contracted with Alan Cohen to collect on a Texas Judgment from a client in Massachusetts. I expected to hear the same “I can”, only to...Read More

Brian Walden Walden Drilling

I would like to acknowledge attorney Alan Cohen for his help with collection of a defaulted debt owed to us. He is very goal oriented and...Read More

Nancy Cohenno Cohenno, Inc

Alan Cohen and team are true professionals – concise, competent, straight forward and action oriented. We had been working on collecting from an account for over...Read More

Steve Neil LED Engin, Inc

The Law Offices of Alan M. Cohen did an excellent job of obtaining funds on a delinquent note for our company. Alan worked expeditiously through the...Read More

Brian B. Center Harbor Funding,...

Alan has been a great asset to our company. He has been very prompt in responding to any of our needs and has resolved several debt...Read More

D & N Provisions, Inc

I am writing this letter to recommend you and your firm to others because of the exceptional legal representation that you have provided to WOLF for...Read More

David R. ConferThe WOLF Organization,...

I would like to take this opportunity to express my heartfelt appreciation for your diligence in collections matters on behalf of my company Peabody Supply Co.,...Read More

Cheryl CormierPeabody Supply Co.,...

I’ve had the pleasure of working with Alan and his team on a few cases over the past six months, and I am highly impressed with...Read More

Scott M. ConwayBrafton

Alan M. Cohen’s Law office is a great asset to our company and our attempts to collect the bad debts we may incur. We have been...Read More

Seeta LochanMarjam Supply Co.

Attorney Alan M. Cohen has been providing quality legal service to The Granite Group Wholesalers LLC since 2005. In the six years we’ve worked with Attorney...Read More

Jan M. GilliganThe Granite Group...

I wanted to take the time to thank you for the efficient and diplomatic way you handled the collection for us. I don’t feel either you...Read More

Paul OrsinaWestbrook Concrete Block...

On behalf of Louis, myself and F&B, I want to thank you for the quick resolution of our non-payment issue. It was nice to know that...Read More

Kim McMahon for Louis FinocchiaroF&B Fruit and...

I was introduced to Alan by my IP attorney, as I had a collections matter that needed urgent attention. Alan drove in the same day I...Read More

Andy PPCall Andy

Attorney Alan M. Cohen is our “go to guy” whenever an aggressive collection approach is necessary to collect your dollars from uncooperative accounts. He has proven...Read More

Stephen P. MillikenPatriot Flooring Supply,...

It is with great pleasure that I write this letter of recommendation for Attorney Alan M. Cohen. Since being introduced to his firm through a referral,...Read More

Brian FarrellyThe Jack Farrelly...

Gentlemen, What can I say? Grateful, appreciative…this just won’t do. How about “thrilled”. Your approach, perseverance, and high level of legal expertise got the job done!...Read More

Douglas R. ForrestalRy'leco Displays

To all you creditors stumbling around out there playing patty-cake with your debtors: What are you thinking? We did our in-house collection due diligence, the phone...Read More

Lawre CaslerMass-Conn Equipment, Inc,...

We reached out to Alan Cohen for help with a collection that dated back to 2011. Within a 60 day period, Alan’s results exceeded our expectations....Read More

Joseph R. Harold IIISagamore Plumbing &...

Since 2011 our company has been utilizing the collection services of Alan M. Cohen LLC. We are a company with over 1500 retail accounts owned primarily...Read More

Steve MoscaritoloAmerican Florist Supply,...

It was truly a pleasure working with Alan; it is clear from our work he recognizes that litigation is a distraction for business. Alan aggressively pursues...Read More

Julieann M. ThurlowReading Co-operative Bank

Alan and his team did a great job in collecting from one of our old clients that we had pretty much given up on. The case...Read More

Aimee SilvermanRaizlabs

Based on a recommendation from another attorney I contacted The Law Offices of Alan M. Cohen. I had recently been awarded a judgement in small claims...Read More

David P. RussoBSI Building Specialties,...

As an out of state landlord I hired Alan Cohen to help me deal with a tenant six months behind in rent. I was afraid of...Read More

R. J.L

Alan, thank you for handling our collection matter. We are grateful for your attention to detail, preparing all the necessary documentation and negotiations on our behalf....Read More

Colin P. Smith, AIA

I was passed Alan's details by a larger law firm based in Boston as being more specialist in collecting debts under Massachusetts law. I manage a...Read More

Neville Doe
Group Chief Finance Officer
Leisure Pass Group

Being a retired business owner, I find myself with no less than 20 attorney contacts built into my phone. Depending on the specific situation I will...Read More

Gregory R. Doyle
Doyle Lumber Co., Inc.

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