Real estate attachments are one of the essential aspects of pre-judgment security. Their purpose is to serve as a placeholder for your execution. If you have an attachment, your security is ahead of subsequent attachments and/or mortgage. This is true even if the later filed cases go to judgment before you have obtained judgment against your debtor.
Provided that a deputy sheriff in Massachusetts levies and suspends on your execution within 30 days, you will leapfrog ahead of all subsequent attachments. That is why it is crucial to quickly pursue action in these cases and contact the experienced collections attorneys at the Law Offices of Alan M. Cohen LLC with over 45 years of combined experience in commercial debt collections. If your debtor has real estate in Massachusetts, contact the aggressive collections attorneys at the Law Offices of Alan M. Cohen, LLC who not only know how to win judgments; they also know how to collect the judgments using tools such as real estate attachments.
How to Obtain a Real Estate Attachment in MA
When looking to obtain a real estate attachment, there are two common ways for the attachment to be obtained. The first is to give notice to the defendant, while the other is to use an ex parte attachment. This method is done without notice. In Massachusetts, it is typically harder to obtain an ex parte real estate attachment due to the traceability of fraudulent transfers. If there is a pending sale, however, or if notifying the defendant will lead to conveying, concealing, or adding an encumbrance, lien, mortgage or damaging the real estate , then courts may be more willing to ex parte issue a real estate attachment.
What Are the Prerequisites for a Real Estate Attachment?
As with all discretionary policies, different judges will differently interpret the prerequisites for a real estate attachment and what factual allegations do or do not suffice to allow same. Some judges will not allow an ex parte attachment at all, while some will allow the real estate attachment as long as it is demonstrated the debtor cannot be trusted not to take action on their real estate if notified in advance, or if it is discovered that there is a pending sale on the property.
The Importance of Acting Quickly
Some attorneys may wait until they obtain judgment and execution before looking to collect their clients’ debts. Unfortunately, this approach does not protect from intervening creditors whose collections attorneys were almost as aggressive as those at the Law Offices of Alan M. Cohen LLC. Collecting debts and enforcing judgments should not be left for those who dabble in debt collection. You need a Massachusetts debt collections firm that knows how to and routinely use available debt collection tools such as real estate attachments, trustee attachments, personal property attachments, keeper attachment, reach and apply attachments and injunctions to maximize the likelihood of getting you paid. The top rated aggressive and relentless collections attorneys at the Law Offices of Alan M. Cohen, LLC strongly, aggressively, and quickly pursue these pre-judgment securities, including real estate attachments, to try to ensure that you are at the front of the payment line.
Secure Your Real Estate Attachment Today
For most innovative, aggressive, ethical, and effective business debt collections from businesses subject to Massachusetts jurisdiction, contact the Law Offices of Alan M. Cohen, LLC. Our special skill set includes real estate attachments, as well as other attachments and means of obtaining pre-judgment security. When you have delinquent accounts receivable collections, you need the Law Offices of Alan M. Cohen LLC.