Securing a Real Estate Attachment in Massachusetts

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Securing a Real Estate Attachment in MassachusettsReal 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 law professionals with years of experience in commercial debt collections. If you are present in Massachusetts, you should contact the Law Offices of Alan M. Cohen, LLC to collect your bad debt.

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.

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 offer an ex parte attachment at all, while some will as long as it is proven 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.

Some attorneys may wait until they obtain judgment and execution before looking to collect their clients’ debts. Unfortunately, this approach often does not protect from intervening creditors whose attorneys were as aggressive as those at the Law Offices of Alan M. Cohen LLC. The Commonwealth of Massachusetts has complicated laws regarding attachments and debt collections, so you need a firm that knows how to interpret and use these laws 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.

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.

Contact us at (508) 620-6900, or email us at info@collections-law.com.

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Debt collection FAQs

  • Why should my company hire the Law Offices of Alan M. Cohen LLC to collect unpaid accounts receivable in Massachusetts?

    Our philosophy is simple: We never give up. We pursue your debtor until either you get paid or no one else can get you paid. We treat your debt as our debt and tirelessly pursue debt recovery. We are the last name that your debtors want to hear.

  • How do you effectively collect debt in Boston, Worcester, Springfield and throughout Massachusetts?

    When we first get a file in from a client, we look to see what the debtor is about, who it does business with, and what is posted on social media. From there we determine which collection tactic would be most effective in swiftly collecting our client’s bad debt. Unlike others who write demand letters and make calls, we figure that you have already done that and want an aggressive and relentless debt collection action. That is exactly what we provide: No calls. No letters. Just Action through litigation.

  • What makes a good Massachusetts bad debt collections attorney?

    A good Massachusetts collection attorney not only knows how to collect bad debt in Massachusetts but is driven to do what it takes no matter how long it takes to collect the delinquent debt. A good Massachusetts collection lawyer not only listens to his client, but he also keeps his/her client informed of everything that is happening in the case. At the Law Offices of Alan M. Cohen LLC, aggressive, relentless, innovative and successful bad debt collection is wired into our DNA. We send a copy of every communication that we send and receive on your case to you. For over three and a half decades we have been protecting creditor’s rights.

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