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debt collection process in massachusetts

Understanding the Debt Collection Process in Massachusetts

Bad debt collection can be a tedious and overwhelming task for creditors. It might be easy to say that a debtor will pay at a later date, but it usually never happens. Hiring a debt collection attorney who knows the debt collection process in Massachusetts can help make bad debt recovery easier for you. Experienced bad debt collectors are aware of the debt collection process and use all legal means to ensure you receive your dues.

The debt collection process in Massachusetts can include many phases. As a creditor, you should first know about your rights and how you can use the legal process for your benefits.

Find the right debt collection attorney

The first step should be to seek support from qualified debt collection attorneys, who are experienced in handling a wide range of cases. Experienced debt collection attorneys will know how to pursue your case in accordance with the substantive and procedural laws of the Commonwealth of Massachusetts. It includes aggressive commercial debt collection and business debt collection, as well as enforcement of foreign judgments, and appropriate use of the garageman’s lien and the mechanic’s lien where applicable.

Come up with the right approach

When it comes to business debt collection, a more direct and aggressive approach is needed. All possible angles are considered before the process starts. The competent debt collection attorneys will immediately file a lawsuit for bad debt collection of their clients. If it is appropriate, the debt collection attorney may seek pre-judgment attachments, equitable injunctions and reach and apply injunctions, to help ensure that there are prejudgment securities available to be used.

Identify the problems

As a business owner, you may face a variety of issues as you try and collect your debt.

Foreign judgments are those either entered from courts in sister states or from courts outside of the United States. Both require domestication in Massachusetts to become enforceable here. Unlike other states that allow domestication by registration, because the Commonwealth of Massachusetts has not adopted the Foreign Judgment Act Uniform Enforcement act a separate lawsuit must be brought in Massachusetts courts to turn your foreign judgment into an enforceable Massachusetts judgment.

As the domestication process starts, debt collection attorneys also start identifying debtor assets that can be sought as pre-judgment security.

When it comes to the drafting and preparation of mechanic’s lien contracts, ensure your attorney is familiar with preparing Notices of Contracts, Statements of Account, Notices of Identification, and Notices of Substantial Completion. Through mechanic’s lien litigation, both contractors and suppliers of various construction material can recover their bad debts. However, the process is complex, and there are procedures that must be strictly followed in order to enforce a Massachusetts mechanic’s lien.

Similarly, the Massachusetts garageman’s lien allows repair shops and garagemen to recover charges and vehicle storage charges from automobile owners who refuse to pay on time or use fraudulent payment methods to recover their vehicles. 

Another area where top-rated bad debt collection attorneys are best at is commercial debt collection, where cash is king and every penny matters. They know the challenges a commercial business can face when their debtors and customers become slow at paying and eventually become a deadbeat. The process starts with an assessment of debtor’s situation and the assets they have that can be used as security. Aggressive bad debt collection can involve seeking a freeze on debtor’s bank accounts and real estate assets.

When a debt collection attorney has won the lawsuit on your behalf, sheriffs can be asked to serve notice to the debtor and seize all applicable assets. The Sheriff will sell the assets and provide the creditor with net proceeds as part of their bad debt recovery. The debt collection process in Massachusetts and rights to seize real estate assets is a legal and legitimate weapon that only experienced and aggressive bad debt collection attorneys can win for your benefit.

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