How Our Business Collection Attorneys Domesticate And Enforce Foreign Judgments Against Debtors
When partnering with the experienced commercial litigation debt collection attorneys at the Law Offices of Alan M. Cohen & Associates LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect.
The Uniform Enforcement of Foreign Judgments Act, which the Commonwealth of Massachusetts formally adopted in April 2019, enhances the ability of a judgment creditor to domesticate their judgment and thus collect their outstanding accounts receivable. Based on the constitutionally required “full faith and credit,” it is easier than ever to obtain and enforce foreign judgments, as outlined in the process below.
Filing Of Judgments
The first step for creditors seeking a foreign judgment in Massachusetts is to file a lawsuit in the district court of the delinquent debtor’s place of business. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M. Cohen & Associates LLC can file your affidavit with the county clerk, thereby beginning the journey towards getting you paid. Once filed, you must wait 30 days until the execution is issued, and our attorneys can begin using our effective methods of collection to attempt to collect the monies you are owed.
Using Aggressive Methods To Collect Your Debt
Once your foreign judgment is domesticated by registration and enforced, the Law Offices of Alan M. Cohen & Associates LLC will turn to our arsenal of commercial debt collection methods. Thanks to our combined almost 50 years of experience as commercial litigators focusing on bringing home the bacon to our clients, we know which practices may be the most effective when it comes to getting you paid. While going through a commercial collection agency can yield lackluster results through the same phone calls and letters that are easy to ignore, our business litigation attorneys explore every legal avenue and do not stop until we can get you paid.
Some of the methods that we commonly use include attachments to your debtor’s non-exempt bank accounts and/ or other tangible and/or intangible assets as well as wage garnishments, reach and apply injunctions, and other debt collection practices that we have found have a high success rate in terms of getting our clients paid. While many of these methods require giving notice to your debtor, there are instances where we can implement these without notice, or ex parte.
With Notice Vs. Ex Parte
With these attachments, we have the option of pursuing these with notice or ex parte, if the court allows us to proceed in such a manner. While ex parte has proven to be a much more efficient means of securing funds to pay your judgment debt, the Commonwealth of Massachusetts has a certain set of requirements for an ex parte attachment. In order for us to attach your debtor’s assets ex parte, the evidence must be such to persuade a court that there is a reasonable likelihood of success on the merits and that a clear danger exists that the debtors will transfer their funds if given notice of a bank or other trustee attachment.
Turn To Experienced Commercial Litigation Collections Lawyers In Massachusetts
When it comes to foreign judgments, the experience found in the aggressive, relentless, ethical and effective debt collection attorneys at Law Offices of Alan M. Cohen & Associates LLC is second to none. We can work with business owners to domesticate, enforce, and collect on foreign judgments, and leave no stone unturned in our efforts to get you paid. Contact our offices today by calling us at 508-763-6604 or emailing us.