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A written contract is necessary for enforcing a Massachusetts mechanic’s lien, but that contract can be made up of more than one writing, electronic or written.

Mechanic Lien + Attachment = Payment

Mechanic Liens and Attachment Motions Lead to Immediate Payment

A plumbing supplier’s contractor customer slowly turned off the payment tap. Facing a defiant debtor, the supplier called me.

My review of the file revealed that my client had sufficient written documents, including email correspondence, when viewed together formed a written contract. This was essential to allow me to prepare a notice of contract and statement of account so that we could perfect a mechanic’s lien. Immediately after recording the mechanic’s lien, I gave notice by certified mail to the property owners to alert them to my client’s unpaid bills as required by the Mechanic Lien Law.

Rather than wait to see if there was any money actually due and owing from the owner to the contractor, I immediately filed suit seeking an ex parte bank and real estate attachment. The Superior Court Judge declined to allow the attachment motions without notice so I obtained a short order of notice.

With three days notice, the contractor appeared in court. Faced with the strong affidavit that I prepared with my client and my advocacy, the Court gave the contractor less than a week to work it out and informed the contractor that absent an agreement, the Court would allow my attachments.

At my urging, the contractor retained counsel. As a result of my skilled negotiations, my client received an immediate payment of its full principal and some of its attorney fees.

For aggressive and effective commercial debt collection, contact experienced collection Attorney Alan M. Cohen at 508 620-6900 or email

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