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Our Relentless Massachusetts Collection Attorneys Use All Available Post Judgment Remedies

Our Relentless Massachusetts Collection Attorneys Use All Available Post Judgment Remedies

Debt recovery is one of the most challenging but ultimately most crucial parts of a commercial litigation which in most cases is a collection suit with larger numbers. It is a process that is handled effectively by our experienced debt collection attorneys including Alan M. Cohen. Creditors face enormous difficulties when they fail to entrust their case to appropriate professionals and fall prey to inexperienced and passive collection agencies or “collection” attorneys. Despite any initial setback, there is no reason to lose hope because you can always hire the Law Offices of Alan M. Cohen LLC.

Were you going to write off your debts because you had tried everything and still failed? The attorneys at the Law Offices of Alan M. Cohen LLC reignite your chances of debt collection by aggressively pursuing a number of post-judgment remedies that are built within Massachusetts law for cases where debtors fail or refuse to voluntarily pay the court issued judgment. Judgment collection is one of the collections matters we do routinely.

Here are a few of the solutions that our attorneys can present you with.   

Post Judgment Discovery

Creditors have the right to demand post-judgment discovery from debtors in form of document requests and investigations through asset depositions and interrogations. The Commonwealth of Massachusetts and its Rules of Civil Procedure deem it legal for you to demand a discovery if you believe it can lead to debt recovery. The set of questions that are sent to a debtor under this process are relevant to their assets and have to be answered under oath. Failure to do so can lead to contempt of court and result in jail time or other consequences for the debtor.

Post Judgment Bank Attachments in the Case of Judgment Debtors

The attorneys at the Law Offices of Alan M. Cohen LLC are relentless when it comes to debt recovery. We ascertain the type of assets that are held by the judgment debtor and then move to obtain attachments on those which we deem the most likely to get you paid the fastest. Bank attachments freeze any activity that a judgment debtor can carry out with their bank account for which the trustee summons is court issued. This means that the judgment debtor is unable to make any transfers from the respective account. With a bank attachment in place, the next step is filing a motion to charge the trustee for the amount for which it answered which means ordering the trustee/bank to pay you the attached money to be applied to the amount of the judgment together with post judgment interest and costs. 

Wage Garnishments

Another option in our arsenal for post-judgment debt recovery is wage garnishment. This is a type of attachment that is approved by the court and providing notice to the defendant. When allowed, it is served on the debtor’s employer(s) by a deputy sheriff or duly authorized constable. These attachments are obtained where they are applicable and necessary to recover debts. Under these provisions, the employer is obliged by court orders to pay a certain non-exempt amount from the judgment debtor’s salary to the creditor as part of the debt recovery process. Any employer who fails to file an answer or comply with the court ordered payment may be found liable to pay the entire amount allowed by the wage attachment.

Reach and Apply Actions

Sometimes, the debtor’s only means of making payment are from monies that third parties owe the judgment debtor. Rather than relying upon the judgment debtor’s decision to pay the creditor ahead of itself, in these situations the Law offices of Alan M. Cohen LC work to take that “moral dilemma” out of the hands of the judgment debtor. We may seek that the Court issue what is called a reach and apply injunction pursuant to M.G.L.c. 214 Section 3. A reach and apply injunction works like this: If A owes money to B and B owes money to the judgment creditor (you), then the Court directs C to pay the judgment creditor (you) directly, thereby relieving the judgment debtor from the burden of whether to do the right thing or pay itself instead. If C fails to make the court ordered payment directly to the judgment creditor (you), it could be found in contempt of the court order. Not a good place to be.

Asset Seizure

In addition to the prior mentioned remedies, and sometimes in conjunction with them, if we locate a non-exempt asset in which the debtor has equity, we can direct the deputy sheriff to seize that non-exempt asset and sell it to help pay off the judgment debt. The experienced judgment collection attorneys at the Law Offices of Alan M. Cohen LLC may combine different methods of debt collection tools and tactics to attempt to collect the post judgment debt. From information received during post-judgment discovery, our relentless attorneys use all legal tactics available to get you paid. This can include properties, non-exempt vehicles or any other valuables that are considerable in value that can help settle the debt when sold. 

Foreclosure of Mortgages

When real estate is involved, and the debtor has given a mortgage on their property as collateral in order to obtain a loan when the debtor defaults, the Law Offices of Alan M. Cohen LLC has experience in conducting foreclosure procedures on the property. When there is a deficiency, the Law Offices of Alan M. Cohen LLC knows how to proceed against the debtor to attempt to collect any deficiency remaining from the foreclosure. 

Keeper Attachments

This attachment is obtained when the debtor owns a business that deals primarily in cash transactions. A keeper’s attachment gives deputy sheriffs the authority to seize any cash as soon as it arrives at the respective offices. 

Receivership

When the creditor has a judgment and the debtor business has not responded, the creditor can file a complaint for receivership can be filed. There are two types of receiverships—liquidating and operating. The differences between the two are self-explanatory. The beauty of the receivership is that the receiver, when allowed by the court, can intercept the mail sent to the judgment debtor and can deposit the checks received into the receivership account.  When the receivership has been allowed, the receiver can seize books and records, liquidate assets and receive rents or make deposits on behalf of the person that owes them money. The downside of the receivership is that the receiver is required to work for all of the creditors and not just the creditor who filed the complaint for the receivership. What sometimes happens is just the initial filing and phases of the receivership are enough to get the judgment creditor paid. Attorney Alan M. Cohen has been appointed a receiver on several occasions. He has also filed complaints seeking for receivers to be appointed on behalf of his clients. The experienced collection attorneys at Law Offices of Alan M. Cohen LLC sit with you and discuss each and every process in great detail to make sure you are on board and understand the intricacies involved. We work tirelessly and aggressively to pursue any actions necessary until the time when you receive the payment that was long due to you.

For more details or to schedule a consultation for your respective case, get in touch with us by calling our office at (508) 620-6900 or email us at alanmcohen@collections-law.com. Our team of representatives is always eager to help a judgment creditor in post judgment collections.

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