Commercial Debt Collection Is What We Do
BARNSTABLE —- An out of state corporation was not receiving payment of its commercial debt from its Massachusetts customer. They could have chosen any Massachusetts attorney but chose to hire an experienced commercial litigation attorney focusing on not only winning cases but most importantly collecting judgments.
After reviewing volumes of complex contract documents, Attorney Alan M. Cohen prepared the complaint and filed suit, seeking ex parte attachments of bank accounts and personal property as well as a Temporary Restraining Order. Declined to proceed ex parte, the Court instead issued a short order of notice. A short order of notice reduces the time in which notice of a hearing date must be given to an opposing party from ten or more days to as little as one day.
At the hearing, Attorney Cohen negotiated with opposing counsel and obtained a favorable preliminary injunction. He also persuaded the court to allow his motion for an attachment on personal property. A personal property attachment prevents the debtor from selling the property free and clear.
After sending out interrogatories, requests for production of documents and requests for admissions, Attorney Cohen deposed the debtor’s principal. Prior to the deposition, Attorney Cohen had thoroughly researched the records of the Secretary of State’s Office and determined that the corporate defendant with which the plaintiff thought it had contracted had been dissolved years prior. As a result of the dissolution, Attorney Cohen knew that the principal owner of the now-defunct corporation was individually liable for the “corporate” debt.
During the course of settlement discussions, debtor’s counsel attempted to persuade our client to dismiss the action and instead rely upon the settlement agreement as a new contract between the parties. Attorney Cohen said, “nothing doing”. As a result of our dogged pursuit of the best deal for our client, the parties executed a complex settlement agreement complete with a favorable Agreement for Judgment and a personal guaranty from the debtor’s principal.
From simple to complex commercial litigation, Attorney Alan M. Cohen uses his then over 31 years of experience and aggressive and relentless tactics to collect our client’s commercial debt.