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The Law Offices of Alan M. Cohen LLC Focuses on Enforcement of Foreign Judgments in Massachusetts

The Law Offices of Alan M. Cohen LLC Focuses on Enforcement of Foreign Judgments in Massachusetts

Many might consider foreign judgments coming from countries outside the United States, but as per the law, any civil judgment received from even a different state, or a sister court can also be referred to as a foreign judgment. In the United States, forty-seven states are signatories of the Uniform Enforcement of the Foreign Judgment Act that helps a foreign judgment is recognized in a state through registration or adopted as per the State laws. However, since Massachusetts hasn’t committed to this, you need an experienced foreign judgment collections law firm – you need the Law Offices of Alan M. Cohen LLC – to help you navigate foreign judgment enforcement related to bad debts collection.

Because foreign judgments can be difficult to understand and are complex to enforce, they will require persistence and a sound strategy. Strategizing the process in a manner that it helps its enforcement, as well as recovery of assets and bad debts, are the hallmark of one of the best collection attorneys in Massachusetts as explained here.

Foreign Judgments Explained

As highlighted, a foreign judgment is any civil judgment received through a sister court from outside the Commonwealth of Massachusetts, or even from any other country. Enforcing foreign judgments requires domestication of the foreign judgment within the Commonwealth of Massachusetts. Since Massachusetts does not allow domestication through registration, a brand new lawsuit must be brought on the foreign judgment. This is necessary to create a Massachusetts judgment which you can enforce in Massachusetts. Your rights for foreign judgment enforcement are inscribed in general laws Part III, title II, Chapter 235 Section 23A of the General Court of the Commonwealth of Massachusetts if the foreign judgment is not from a sister state. Section 23A highlights that a foreign judgment is a judgment from a foreign state that has either granted or denied the recovery of a sum of money.

Just because the jurisdiction is different, or the civil judgment came from outside of Massachusetts, should not be the reason for you not to pursue your debt recovery. You should never ignore such judgments just because the debtor is now located in Massachusetts. If you have an out of state order that needs enforcement, you need the Law Offices at Alan M. Cohen LLC. They offer a wide range of legal options to attempt to domesticate, enforce and collect your foreign judgment.

The Process of Domesticating a Foreign Judgement

As per the law, all foreign judgments from sister courts or countries may be enforced in full faith and credit. A foreign judgment can be applied if the verdict is final, an appeal is pending, or the rights to recover money has been accepted by the court. However, the civil judgment cannot be conclusive if, if the ruling was made through a court procedure that the Commonwealth of Massachusetts does not recognize, the tribunal was not competent, the court had no jurisdiction over the defendant, or the foreign court had no jurisdiction to hear the matter. It also cannot be enforced if the defendant of the did not receive prior notice of proceedings. Domestication will provide the creditor same rights as those of Massachusetts judgment holders or citizens. 

When you contact the Law offices at Alan M. Cohen to start domestication and registration process, competent and skilled collection attorneys will immediately start determining debtor assets in Massachusetts, prepare legal documents that can be used to obtain an ex parte attachment to seize financial, real estate and other assets and file suit on out of state judgment to attempt to obtain  a judgment that is enforceable in Massachusetts. A foreign judgment can be enforced after its recognition. If the debtor has assets in the recognizing jurisdiction, all enforcement will happen as if the case started in the recognition jurisdiction.

Final Thoughts

Every creditor should take foreign judgments seriously, and ensure that they are enforced. The procedure of domestication should start as soon as a foreign judgment is received. Individual businesses should use their statutory rights and seek enforcements In Massachusetts the Law Offices of Alan M. Cohen LLC under the supervision of Attorney Alan M. Cohen, works hard to ensure your bad debts are collected in an aggressive manner while using ethical and legal means that the law permits.

Engaging us may not only help you increase your chances of recovery but will also provide you with the legal expertise for future debt collection process. Bad debts can be a recurring issue and working with competent attorneys can help make this process easier, without wasting time or delaying debt recovery. From prejudgment security through restraining orders to post-judgment enforcement where a Sheriff is provided with the execution so that it can seize and sell assets, the process can be lengthy, but with the experienced collections attorneys at the Law Offices of Alan M. Cohen LLC, you can rest assured that the enforcement of your foreign judgment is in good hands.

For more information about how the award-winning attorneys at the Law Offices of Alan M. Cohen LLC can help domesticate your foreign judgment and enforce your foreign judgment to try to get you paid, click here or call 508 620 6900 or email info@collections-law.com.

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