There are two ways to obtain any attachment: (1) with notice to the defendant, and (2) without notice to the defendant (“ex parte”). Generally Massachusetts courts are reluctant to issue an ex parte attachment in real estate because fraudulent transfers of real estate are traceable and real estate is generally not immediately able to be transferred.
However, a court may issue a real estate attachment if a sale is pending or a clear danger exists that if the defendant is notified in advance of the attachment, it will convey or conceal the asset. A court may also allow an attachment in real estate if an immediate danger exists that the defendant will damage or destroy the property.
As with all matters of discretion, different judges interpret the attachment standard differently. Some judges will not issue an ex parte attachment under any circumstances. Others will properly issue an ex parte attachment upon a demonstration that the debtor cannot be trusted not to take any action if notified in advance of an attachment motion.
A real estate attachment is an important part of prejudgment security. It can serve as a placeholder for your execution. If you have an attachment, your security in the property is ahead of subsequent attachments and/or mortgages, even if the later attachments win their case before you do.
As long as you have the deputy sheriff levy and suspend on your execution within thirty days of its issuance, you leap frog ahead of all subsequent attachments, to the the limit of the real estate attachment. That is why it is always important to use the experienced commercial bad debt recovery collections attorneys at the Law Offices of Alan M. Cohen LLC who understand that an attachment on real property must be forward looking.
Although some attorneys choose to wait until they obtain the judgment and execution before attempting to secure the judgment, we strongly and aggressively pursue prejudgment security such as real estate attachments so that you are at the front of the payment line.
For Innovative, Aggressive and Effective Collection of Delinquent Accounts Receivables in Massachusetts, call (508) 620-6900 or email email@example.com