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So Now that I Received a Judgment, How Do the Experienced Collection Attorneys at the Law Offices of Alan M. Cohen LLC Collect Judgments

So Now that I Received a Judgment, How Do the Experienced Collection Attorneys at the Law Offices of Alan M. Cohen LLC Collect Judgments

In the Commonwealth of Massachusetts, a judgment remains in place for twenty years. You may think that an Execution once levied upon real estate would also remain in place for the same twenty years.  Unfortunately, not. In order to hold your place in the line of record title, an execution must be advanced every six years.  If you have failed to advance your execution, all is not lost unless the debtor has sold his, her or its property during the lapse.  You can always re-record your execution. The down side is that if there have been any other attachments, you will lose your place in line.

While the process of getting your payment from the judgment debtor might seem pretty straight forward once you have won the judgment sadly, the right answer is to often to the contrary. In fact, it wouldn’t be wrong to say that the process of getting your payments from the debtor may have just begun. Here, are a few reasons why you need to hire an experienced debt collection attorney for getting your money back from the debtor in the Commonwealths of Massachusetts. 

A Debt Collection Attorney Goes All the Way

By far, one of the major reasons why creditors who have managed to get a judgment in the Commonwealth of Massachusetts need to hire an experienced attorney who specializes in debt collection, is because an experienced debt collection attorney will not just stop at getting the judgment for you. Rather, an experienced debt collections attorney knows that success is not measured by victories. It is measured by the amount of money recovered. An experienced commercial debt collections attorney has no qualms about continuing the full court press until you either get your judgment paid, or there are no possible assets known available to be able to get you paid. A debt collection attorney is able to achieve that by being aggressive in getting the debtor to pay your money, but without breaking the law in Massachusetts.

Unlike normal people (“non-lawyers”), who may need to go to the court to first get permission, then use the public access terminal to get the information they need on the debtor, which is a process that’s incredibly time-consuming and can take months, an experienced commercial  debt collection attorney who is familiar with the ins and outs of debt collection in the State of Massachusetts can simply view all the information they need by using online sources. A debt collection attorney may also ask various institutions such as banks etc., to provide them with the information they need to enforce a judgment from your debtor. Mind you, the ask is not a polite call. Those the banks cannot permissibly answer. Rather, an experienced commercial debt collection attorney ask is a subpoena, often delivered by your friendly neighborhood deputy sheriff.

Even after winning judgment, a debt collection attorney who is experienced in the area of business debt collection doesn’t stop there and can follow through in order to get the information that they need to get your judgment payment. For instance, some of the actions that a debt collection attorney is able to take includes but is not limited to getting an; injunctive relief, ex-parte attachments, receivership, sheriff sales, Rule 69 depositions and/or filing a supplementary process complaint just to name a few.

What if the Corporation is Defunct?

This is a valid question, and one that can easily give any creditor who has a judgment lien against a corporation sleepless nights. Again, the key to success when it comes to collecting any sort of judgment, be it corporate or private is to know what action to take and exactly when to take action. Luckily, there are experienced business to business debt collection attorneys such as Alan M. Cohen who are well equipped with over three decades of expertise and the know-how to extract payments from a stubborn judgment debtor. So, how does the process start for this particular situation? First, your debt collection attorney may send out interrogatories and requests for the necessary documents and requests for admissions where applicable to find out what assets or property the debtor has in the Commonwealth or elsewhere in the country.

The debt collection lawyer will then thoroughly examine the records kept it the Secretary of State’s Office to find out if the corporate defendant is in fact defunct. If so, discovery may be undertaken to see if there is any basis for attempting to “piece the corporate veil” so that the principal owner of the now defunct corporation could be held liable individually for the debt, even if it was a “corporate” judgment.

Another Reason Why You Need to Hire Alan M. Cohen

Just because you’ve got a judgment does not mean you are exempt from obeying the law. As hard as it might be for a creditor to understand, a debtor has rights too. This is all the more reason why you need to be smart and hire an experienced attorney who has expertise in business to business debt collection in Massachusetts. The Commonwealth of Massachusetts prohibits any unfair or deceptive practices when it comes to debt collection.

This is the grey area where most debt collection agencies falter in, which usually ends up in disaster for the creditor. In Massachusetts, the Attorney General has issued regulations for debt collection which establishes the standards that need to be followed. These regulations don’t just apply to the creditor and their attorney, but also third-party debt collection agencies as well.

It should be noted that any violation of these regulations is a clear violation of the Massachusetts Consumer Protection Act, G.L. c. 93A and can result to you being held to owe monies to your debtor as despite the fact that you hold a judgment against the debtor. It is important to note that the Fair Debt Collection Act does not yet apply to business to business collections. This basically means that a third-party debt collector such as a collection agency that dances on that gray line and sometimes falls over to the dark side, not only imperils themselves but can cost you monies. Even the Massachusetts Division of Banks have prohibited certain manners and means of debt collection by collection agencies which, if the collection agencies run afoul, can cost you plenty.

On the other hand, by hiring the professional debt collection services of an attorney such as Alan M. Cohen who has years of experience and know-how in commercial and private debt collection, you can rest assured that you are going to receive aggressive, relentless and ethical representation in the pursuit of the collection of your outstanding debts.

When it comes to dealing with a debtor that just won’t pay, there’s no need to take any chances. What you need is an aggressive and proactive attorney with experience in debt collections in Massachusetts. An attorney that other attorneys go to to collect their own delinquent debt. If you don’t want to keep running around in circles, get in touch with the Law Offices of Alan M. Cohen LLC today at (508) 620-6900 or email us at alanmcohen@collections-law.com.

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