Real estate attachments can be essential tools of pre-judgment security. The highly respected collections attorneys at the Law Offices of Alan M. Cohen ZLLC use real estate attachments as a placeholder for your execution. If you have an attachment, your security is ahead of subsequent attachments and/or mortgages. This fact remains 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 after it has been issued, you will leapfrog ahead of all subsequent attachments. That is why it is so crucial to quickly pursue action in these cases. If your debtor has real estate in Worcester, Springfield, Boston, or anywhere else in MA, contact the aggressive Massachusetts commercial collection lawyers at the Law Offices of Alan M. Cohen LLC. We have over 45 years of combined experience in commercial debt discovery, pre-judgment security and post-judgment collections. We not only know how to win judgments; we also know how to collect judgments using tools such as real estate attachments.
How to Obtain a Real Estate Attachment in MA
If you are seeking a real estate attachment, there are two common ways that it can be obtained: either give notice to the defendant, or use an ex parte attachment, which 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 likely lead to conveying, concealing, or adding an encumbrance, lien or, mortgage or other action reducing the debtor’s equity in the real estate, 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 the real estate attachment. Some judges will not allow an ex parte attachment at all, while some will allow the attachment as long as it is demonstrated that 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 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. Don’t leave collecting your debts and enforcing your judgments to those who dabble in debt collection. Debt collection is what the Boston-trained, experienced and relentless collections attorneys at the Law Offices of Alan M. Cohen LLC do. Businesses in Worcester, Springfield, Boston, and throughout the entire commonwealth of MA need a collections firm that knows how to use available debt collection tools such as real estate attachments, trustee attachments, personal property attachments, keeper attachments, and reach and apply injunctions to maximize the likelihood of debt recovery. The top-rated collections attorneys at the Law Offices of Alan M. Cohen LLC strongly, aggressively, and quickly pursue pre-judgment attachments, 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 innovative, aggressive, ethical and effective business debt collection from businesses subject to Massachusetts jurisdiction, contact the top ranked collections attorneys at Law Offices of Alan M. Cohen LLC. Our skill set includes using real estate attachments, as well as other attachments and means of obtaining pre-judgment security so that when you win, you have a better chance of getting paid. When you have delinquent accounts receivable collections, you need the Law Offices of Alan M. Cohen LLC on your team.