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Our Massachusetts Collection Attorneys Use Equitable Injunctions to Collect Foreign Judgments

Our Massachusetts Collection Attorneys Use Equitable Injunctions to Collect Foreign Judgments

Many modern-day attorneys, especially in debt collection cases, have confused priorities. They believe that winning the case is all that matters. What these professionals and their clients fail to realize is that courts don’t take responsibility for what happens after a judgment is won. Whether a debtor pays easily or makes excuses to delay the payments will not bother them. If you wish to take up the matter with the court again, you need a fresh lawsuit. Our Massachusetts collection attorneys have for the past forty years, utilized our experiences and knowledge to not only win the cases but to get our clients’ paid.

Our Approach to Collecting Massachusetts Judgments Is Honed From Over four decades of Experience Representing Judgment Creditors Like you

During our more than four decades of serving a wide array of clients in Massachusetts, we have shown that the real success in every commercial litigation or collection case is getting the client paid.  Our motto at the Law Offices of Alan M. Cohen LLC is to make the extra effort to get you paid. What this entails is that once we’ve secured a judgment for you, we continue our efforts until you get paid or no one can get you paid.  Sometimes it happens very fast. Other times it takes a decade. We stay the course because we know that you want to get paid!! Some debtors pay easily but more have excuses to delay the payments. This is where we use our expertise to track their assets and use effective debt recovery tools to collect judgments.

Massachusetts judgments and their enforcement are complicated and requires attention to detail and diligent collection efforts. Our experienced foreign judgment collection attorneys domesticate foreign judgments and strive to collect them as quickly and efficiently as possible. Massachusetts has more elaborate laws when it comes to enforcement of foreign judgments that are passed in ‘sister’ states. This means that in order to be enforced, a foreign judgment has to be domesticated by filing a separate lawsuit in a Massachusetts court.

Unlike Other Attorneys Who May Know How to Just Win a Judgment; We Also Know How to Collect Judgments and Get You Paid

Most attorneys believe in only doing the obvious. They prepare a case for you, defend it in court and may win the judgment for you, but then what? When the debtor doesn’t quickly turn over and pay, the attorney may feel like a fish out of water. It is not uncommon that attorneys turn to the Law Offices of Alan M. Cohen LLC to collect judgments for their clients. What these attorneys realize is that at the Law Offices of Alan M. Cohen LLC, we have a completely different approach to debt collection.

Our relentless attorneys will not stop at winning the judgment. They begin a parallel plan to get you paid before the lawsuit is filed to collect a Massachusetts judgment or foreign judgment.  Our belief is that without a plan to get paid, winning a case means nothing. As a result, we continue to pursue the debtors with aggressive yet legal remedies until they are pay.

We Use Post Judgment Reach and Apply Injunctions to Collect Your Judgment

Although creditors might have reasonable doubt on the intentions of the debtor, there is no way to be sure about whether they will pay at the end or not. When the debtor starts making excuses at the culmination of a case, we analyze their reasons and then discuss with you about how to take things further. While there is a plethora of pre-judgment remedies to debt collection, the same can also be utilized post judgment.

One case that a debtor might make is that they are unable to submit the payment because a different party owes it to them. In this regard, we can file a motion with the court and seek to obtain reach and apply injunctions. These provisions of the law put the judgment creditor directly in contact with party that owes the money meaning that the debtor is cut out of the payment chain.

Post Judgment Equitable Injunctions Pursuant to M.G.L.c. 214 Section 1 Allow The Court to Fashion An Equitable Remedy To Help You Collect Your Judgment, Whether it is a Massachusetts Judgment or a Foreign Judgment

A lawsuit has to be filed for domestication of foreign judgments and the local ones are already won through court proceedings. Irrespective of whether you have a foreign judgment or a domestic or Massachusetts judgment, Massachusetts has similar procedure for both. Using post judgment discovery tools, we seek to identify the debtor’s assets. Depending on the type of asset we locate, we craft remedies that apply to them effectively.

One of these tools is equitable injunctions. These general orders are pursuant to M.G.L.c. 214 Section 1 of Massachusetts law and are drafted specifically to try to get you paid.

When a debtor fails to voluntarily fulfill their judgment obligations, we file motions with the court seeking post judgment equitable injunctions. These post judgment injunctions can stop the debtor from carrying out certain acts like making payments, transfers, selling properties and a lot more, Equitable injunctions can play a crucial role in collecting post judgment and prejudgment debt by preventing debtors from using their assets to pay creditors other than you. Post judgment injunctions can help bring you to the front of the food line.

Our Collections Lawyers Carefully Investigate Your Deadbeat’s Assets

The post or pre-judgment remedies that have to be obtained need to be specific. There are different solutions for real estate, cash, bank accounts and salaries etc. Our attorneys use their innovation, creativity and knowledge of debt collection to conduct comprehensive investigation into the types of assets that the debtor owns.  At the Law Offices of Alan M. Cohen LLC, our attorneys work hard to pinpoint the assets that have the most potential to get the judgment creditor paid. The details revealed will help our attorneys create a case that can effectively lead to payment.

We work to Follow the Money Trail by Pealing back the Onion to Enforce Your Judgment

Post judgment, the Law Offices of Alan M. Cohen LLC, we work hard to track the money trail of the debtor. The process is like pealing the layers off an onion to get to the core. We work through a step by step process to find out where the money comes from and where the money goes. Based on our results, we select appropriate debt collection remedy for our judgment creditors.

Our Thorough Investigation Can Reveal Assets That Others Have Missed

Our relentless and aggressive debt collection attorneys use their innovation, skill and expertise in the debt collection field to help locate assets that others can’t. We use post judgment discovery to help uncover the judgment debtor’s possessions. It can be non-exempt vehicles, artwork or anything else of value. Of course, debtors might hide their true possessions to try to get away with not paying, which is why we don’t settle for their word. We go beyond by seeking information from the judgment debtor. We are limited only by the extent of our imagination in locating and seizing assets so that at the end of the day our creditor clients get paid.

Once We Have Identified the Deadbeat’s Assets, Then We Elect to Either File Rule 69 Motions in the Underlying Judgment or Commence A New Suit to Collect Your Judgment

Identification of assets might be the first step and the most important but it is just the beginning. Once we have discovered the debtor’s assets, we start having fun. At the Law Offices of Alan M. Cohen LLC, we work tirelessly to collect judgment debts so that our clients get paid. We may file Rule 69 motions for attachment

Or we may file a suit on judgment, whichever we deem more likely to be in our judgment creditor clients’’ best interest. We make sure that throughout the lawsuit and other processes like obtaining attachments and injunctions or investigating the assets of the debtor, we keep our clients in the loop.

We Use All Appropriate Pre-Judgment Collection Tools to Collect Post Judgment 

Massachusetts has provisions for debtors to use a variety of different remedies that can be implemented post judgment or pre-judgment. Being proactive and proficient, our attorneys aggressively work to collect our clients’ debt.

There are a number of post judgment collection tools that we use.  These include but are not limited to:

  • Ex-parte attachments: These attachments are granted by courts which freeze non-exempt monies in your judgment debtors’ bank accounts, or seize real estate or personal properties etc. They limit the powers of the property owner to sell, transfer or damage their attached assets;
  • Reach and apply injunctions: These orders apply when there is a third party involved who has to pay back your debtor. The reach and apply injunction will allow you to collect the debt directly from the third party;
  • Wage garnishments: As the name indicates, these apply to salaried individuals and the employer has to turn in a specific non-exempt part of the debtor’s income to the judgment creditor. Failure to comply with the order can cause the employer to make the complete payment themselves; and
  • Asset seizure and mortgage foreclosures:  Once the execution is issued, the Law Offices of Alan M. Cohen LLC can direct the deputy sheriff to seize and sell the judgment debtor’s non-exempt assets. In cases where the creditor holds a mortgage or other security, the Law Offices of Alan M. Cohen LLC can bring foreclosure proceedings and when that doesn’t fill the pot, can pursue foreclosure deficiencies.

Conclusion

Our attorneys have honed their skills to rise to become among the best judgment collection and debt collection attorneys in Massachusetts. If there is a bad debt that you are planning to write off or if you have judgments that are sitting around gathering dust give us a call, so we may try to turn your dust into gold!! Call us  at (508) 620-6900 or email our founder Alan M. Cohen at acohen@collections-law.com.

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