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Reach and Apply Your Debtor’s Assets to Get Paid in Massachusetts—Call Experienced Debt Recovery Reach and Apply Attorneys at the Law Offices of Alan M. Cohen LLC To Help You Collect Your Bad Debt

Reach and Apply Your Debtor’s Assets to Get Paid in Massachusetts—Call Experienced Debt Recovery Reach and Apply Attorneys at the Law Offices of Alan M. Cohen LLC To Help You Collect Your Bad Debt

In a perfect world, business owners wouldn’t have to worry about their invoices being paid in full and on time. But, you and I know that’s not the case (not always, at least). That’s because this world is far from perfect. Which means that every now and then a business owner will have to deal with a person who is reluctant to make their payments. This can spell bad news for your business.

When you’re running a business, you expect to get paid…on time. When that doesn’t happen, the negative impact can trickle down to all areas of your business, and even danger your business’s very existence if you do not solve the problem on time.

It is not unheard of for customers to not pay for services they have received, which leads to a painful and stressful time for the business owner in need of liquidity. They are left to deal with lost profits, increased stress, and wasted time in making calls and sending emails to the debtor, or worse, hiring a debt collection agency to make the calls and send the emails.

That is where the Law Offices of Alan M. Cohen LLC can help.

Solve Your Debt Collection Problems

Since the Massachusetts Prompt Payment Act came into effect in 2010, it is designed to assist contractors in submitting and collecting payment requisitions for all private projects of a medium-to-large scale in Massachusetts.

In our experience, if you have been chasing your debtor for months to get paid, chances are, you are not going to get paid…not by just making phone calls or hiring a debt collection agency to make the phone calls for you. The only thing you will be doing is wasting your time and making it harder for you to get your money back. The Law Offices of Alan M. Cohen LLC is here to solve all your debt collection problems, simply because we don’t take the easy way out (or wrong way) when working for you to get you paid. We use an aggressive approach when it comes to collecting delinquent debts for our clients, which significantly increases their chances of getting paid on time.

Solving Your Commercial Debt Collection Woes

There are other tools available for collection that are not limited to the area of construction, namely real estate attachments, trustee process (bank attachments) and equitable reach-and-apply actions. These tools allow for pre-judgment security, which can hasten the resolution of a case. Put simply, a Reach and Apply attachment is an injunction ordering people who owe your debtor money not to pay your debtor, but to pay you directly instead.

Pre-Trial Security of Judgments

The experienced Massachusetts collection attorneys at the Law Office of Alan M. Cohen LLC, are well versed with the legal procedures when it comes to the collection of delinquent debt in Massachusetts. The attorneys at the Law Offices of Alan M. Cohen LLC are experienced and skilled in applying the laws of Massachusetts that allow for the attachment or seizure in order to secure the debt that is owed to the client. We work closely with our clients and use all the tools in our arsenal to seek approval for of prejudgment attachments aimed at providing payment security at the start of a debt collection case which often result in an expedited resolution of any undisputed contract claims. In this way, we are able to increase your chances of getting paid.

Since we have been in the business of getting business’ money back for over three decades, we are able to competently provide the right counsel to our clients with respect to which prejudgment attachments would best serve our business clients. In addition, we also have in-depth experience in the collection of any judgments that have been ordered by the court. We use the sheriff to levy on any real estate of the debtor. We seek reach and apply injunctions against the parties who owe the creditor money, which is known as a “Reach and Apply” action. We can also file a supplementary process action wherein all the finances of the delinquent debtor are thoroughly examined before the Massachusetts supplementary process court. 

Why Hire the Law Offices of Alan M. Cohen LLC.?

Normally, to grant a plaintiff relief against reach and apply defendants the court has to first determine the indebtedness of the defendant, and in case of property, if the defendant has property that can be reached by the plaintiffs in satisfaction of the defendant’s debt. While the first step is an action in common law, which is to establish that the defendant owes the plaintiff a debt, the second step is to collect the debt and sounds like it arises from in the court’s equity powers.  In fact, in Massachusetts, the ability of a creditor to reach and apply monies due to its debtor in order to get paid is statutory.  Unlike regular injunctions which require a creditor to show a likelihood of success on the merits and the potential for irreparable harm if the injunction is denied, a reach and apply injunction requires no such thing. This is where having the expertise of the Law Offices of Alan M. Cohen LLC, can make all the difference between getting a reach and apply judgment for payments of delinquent debt and going home empty handed. Experience the benefit of having the skilled commercial debt recovery lawyers prepare and argue reach and apply injunctions.

Dealing with Corporate Liability

Where is it found that a limited liability company or corporation has been set up deliberately to shield the owners from having to pay a delinquent debt, and without any appropriate funding and accounting, it is up to the creditor to take action to get their payments. In such instances, the Law Offices of Alan M. Cohen LLC, will take an aggressive approach to try to pierce that the corporate veil and expose the delinquent debtor. One of the benefits of hiring the Law Offices of Alan M. Cohen LLC is that we will leverage our decades of expertise with the laws regarding delinquent debt and creditor’s rights in Massachusetts to try to collect any final judgment. The same approach can be used, after one company has shut down and its assets are transferred to another company, simply to avoid payments of the former’s debt. In our initial assessment of similar cases, the Law Offices of Alan M. Cohan LLC will analyze all the options that are available, including Reach and Apply injunctions to try to recoup sums that are owed by the delinquent accounts and contract balances, which will may include seeking to pierce the corporate veil and thereby convince the court to disregard the companies that exist only on paper.

Tips for High-Volume Suppliers

Always have a signed credit agreement with every customer, regardless of the payment made up-front.

One of the benefits of hiring experienced debt collection attorneys such as the Law Offices of Alan M. Cohen LLC is that they can collect from debtors that have signed or have not signed credit applications. Credit applications are your first and sometimes only chance to put forth your terms and conditions, the ground rules, for your commercial relationship. Do not give up that opportunity. The Law Offices of Alan M. Cohen LLC can review your existing credit applications and personal guaranty and either edit or rewrite them to offer you as much protection as possible.

In addition, it is very wise to always keep a copy of the checks tendered by every customer. If you do not or have not, don’t give up the hope of collecting your money — banks keep copies of all checks a business deposits for approximately 6 years. If you know where your debtor banks, it increases the likelihood that an allowed ex parte bank attachment will hit pay dirt. The Law Offices of Alan M. Cohen LLC will file can easily file a suit and seek a Court Order which attaches any money that is still held in the debtor’s known account(s).

When the court allows an ex parte bank attachment, the debtor’s bank is served with the attachment, and any monies not subject to exemption are frozen before the debtor can withdraw them. If the indebted customer does not have any other substantial assets, (property, vehicles), then we may seek to reach and apply any e money that is owed to them from any other vendor to satisfy your payments.

While a reach and apply injunction is one of the lesser known techniques to get payments, it is also one that is not possible to carry out in many states. Luckily for those who live in Massachusetts, the Reach and Apply injunction is allowed by Massachusetts Law to satisfy any delinquent debt that the creditor is owed.

If you won a judgment on a delinquent debt, you may have already realized that obtaining a judgment alone is not going to be enough for you to get back your money. However, hiring the skilled experienced attorneys at the Law Offices of Alan M. Cohen LLC, can increase your chances of getting back your money. Don’t allow your judgment to become just another piece of paper that can be ignored by the debtor. Hiring skilled debt collection attorneys who routinely work with creditors looking to get back their delinquent debt can increase your chances of getting paid.

Don’t Wait to See What Happens

As a creditor, the last thing you want to do is wait and see what happens. Many creditors make the mistake of waiting too long to see if their debtor “sees the light” and end up making their judgment payments. It should be mentioned here that those creditors often go home empty handed, simply because they were too trusting. We can use reach and apply injunctions for the collection of your delinquent debt. If you are a creditor who is still waiting on receiving their check in the mail from a debtor, our aggressive approach with a reach and apply injunction can help motivate the debtor to come to the table and resolve any unpaid monies to the creditor.

Why Hire the Law Offices of Alan M. Cohen LLC?

The Law Offices of Alan M. Cohen LLC has over 30 years of experience in collecting commercial debts for small to medium sized businesses as well as publicly traded companies in the state of Massachusetts. Our practice is recognized throughout the collection industry as a leader in commercial debt collection in Massachusetts. To increase the chances of our clients to get their debt payments, we prefer to use a unique and customized approach to debt collection which will be according to your case. With over three decades of experience in the debt collection industry, we have a plethora of tools and techniques that we can used to help our clients get the better or deadbeat clients.

By hiring the Law Offices of Alan M. Cohen LLC businesses looking to collect their delinquent debts can stand a higher chance of receiving their payments. We approach every commercial debt case individually, and make sure our tactics for debt collection are geared towards the best interests of our client. You can rest assured, that once you hire the Law Offices of Alan M. Cohen LLC your debt collection case is going to be handled by seasoned professionals who are experienced and know the ins and outs of commercial debt collection laws in Massachusetts. We leverage the years of knowledge we have gathered in the commercial debt collection industry, with an efficient and aggressive approach that can significantly increases your chances of seeing your money again.

To find out more on how we can make that possible for you, contact the Law Offices of Alan M. Cohen LLC today at (508) 620-6900 or email us at acohen@collections-law.com.

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