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Post Judgment Discovery Can Lead to Commercial Debt Recovery

Post Judgment Discovery Can Lead to Commercial Debt Recovery

So, you’ve won the Massachusetts judgment?

That’s great, as it marks the end of your case in the court; and declares you as the ‘winner’ of the lawsuit.

But wait! Do you know what to do next?

Have you hired an experienced Massachusetts bad debt collections lawyer for judgment enforcement?

If not then, get in touch with us at The Law Offices of Alan M. Cohen LLC. 

Work with our seasoned debt collection lawyer, Alan M. Cohen, to make sure that the judgment is enforced aggressively and you recover your monies in a timely manner.

As a judgment creditor there are two things that you need to understand:

  1. A judgment needs to be enforced in a timely manner before it expires and becomes invalid.
  2. It should be enforced aggressively so that the judgment debtor takes it seriously; otherwise they’d just see it as a piece of paper, and nothing else. You see, a judgment by itself only indicates who has to do what after the trial is over. It doesn’t compel the debtor to make payments. For successful commercial debt recovery, you need an experienced lawyer by your side that can enforce it the right way using the best legal actions according to your case. And that’s exactly what we help you with.

Therefore, winning a judgment doesn’t mean that your legal battle is over and the debtor will pay off the debt as stated in the judgment. Unfortunately things are not as simple as you might think and want them to be. In fact, most often judgment debtors fail and refuse to pay a money judgment entered against them.

But don’t worry, when this happens, you can rely on our Massachusetts bad debt collections lawyer, Alan M. Cohen as we help clients like you to obtain payments using post judgment discovery legal action.

Post Judgment Discovery— an Effective Legal Remedy for Commercial Debt Recovery

Post judgment discovery is a legal tactic that focuses on following the judgment debtor’s money trail from bank accounts to credit card companies and to the debtor’s customers. Our debt collection attorney will follow the money until your money is paid back to you.

To help you better understand this legal action, here’s a quick overview of post judgment discovery and how it works:

In order to recover debt, first it is important to learn everything about the judgment debtor’s financial status, the visible assets that they have and those which they are attempting to hide from you. And for this, we use post judgment discovery.

By law and under the Massachusetts Rules of Civil Procedure, the winner of the judgment (judgment creditor) has broad power to obtain discovery from any person, including a judgment debtor, to assist in obtaining payments of a judgment.(See Massachusetts Rules of Civil Procedure, Rules 303334,  45 & 69)

This means that you, the judgment creditor, can use post judgment discovery to request information about and collect documentation evidencing your judgment debtor’s assets. This includes but is not limited to bank statements, tax returns and paychecks.

Wait there’s more! By using this legal action the judgment debtor can also be deposed and under oath must disclose complete information about the following correctly and if any:

  • Income,
  • Bank accounts,
  • Investment accounts,
  • Vehicles,
  • Boats,
  • Art,
  • Collectibles,
  • Jewelry,
  • Inventory,
  • Machinery,
  • Equipment, and
  • Any other valuable assets that they posses.

Simply stated, it is a process where the attorney inquires about the judgment debtor’s assets. This technique attempts to discover whether your debtor is actually broke or is just using delaying tactics to avoid debt payments. When the financial status of the debtor is clear, our attorney can take more aggressive actions to maximize the likelihood of commercial debt recovery.

The financial position of the debtor can be determined by demanding the testimony of the debtor to which they have to abide by and disclose all the information about their assets. But this investigation doesn’t end here. Our attorney may also demand the testimony from others connected to the debtor and demand information about the debtor and its assets. This helps as our attorney is able to create a clear picture of the debtor’s valuable assets and then go after them to help you get paid.

As the information is collected, our attorney then uses other tactics to collect outstanding debts. For example, let’s say through the post judgment discovery process, our Massachusetts bad debt collections attorney finds out that your debtor owns personal properties like vehicles, jewelry and expensive artwork. To recover monies, we will use the writ of execution from the court. This is a legal document that allows a sheriff to attach non-exempt personal property of the debtor, and then hold it for sale at a public auction for satisfying the judgment. The same goes for real estate.

However, if the debtor doesn’t have a property or vehicles but has money in their bank account or are receiving wages, then we’ll seek trustee process attachment and/or wage garnishment and use them to satisfy your judgment.

Contact us today

A judgment and/or execution that is not worked is like a day without sunshine! We work hard to get you your money using our over three decades of experience.

For more information about post judgment discovery and how our Massachusetts bad debt collections lawyer will use it to your advantage, call the Law Offices of Alan M. Cohen LLC at (508) 620-6900 or email us at acohen@collections-law.com. Post judgment discovery is an effective and a result-driven legal remedy if it is used the right away and at the right time. 

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