Debt Collection Blog

"Relentless Collection Attorneys"

Alan Cohen

Unlike Others, We Aggressively Seek Pre-Judgment Attachments to Secure Debt Recovery and Never Give Up

At the Law Offices of Alan M. Cohen LLC, recovery efforts begin as soon as the case is filed in court. We follow a motto of not just winning the case but getting you paid by all legal means. Many others wait till post judgment to assess whether a debtor will pay or not and initiate debt recovery efforts. We don’t. We make sure there is a plan for collection in place even before the judgment is passed. This provides assurances to our clients that once they win the case, getting paid will be the easier part. 

Our Attorneys Use Ex-Parte Bank Attachments to Secure Debt Recovery

There are a number of remedies that can be obtained before a judgment for making sure that debtors pay their obligations without excuses or delays. Ex-parte attachments are one of the most common solutions in pre-judgment preparations for debt recovery. Our aggressive Massachusetts collection attorneys set to work by attempting to pin-pointing the asset portfolio of the debtor. We use this information that is obtained using credible sources and first-hand experiences that we’ve gathered over the years. Once the list of prospects is in place, our team begins to analyze which ones will be the most probable in helping you recover your debt.

Ex-parte attachments are obtained without the knowledge of the debtor. They provide the person to whom the money is owed, a right to obtain the amount in question from the asset on which the attachment is issued. One of the biggest benefits of ex-parte attachments is that it stops a debtor from attempting to clear their bank accounts in order to show their inability to repay a debt. Most people who owe money are provided a notice beforehand but instead of paying they attempt to hide their assets through different measures. An ex-parte attachment blocks this attempt. Moreover, it ensures smooth payment to you at the earliest time possible.

Real Estate Attachments Can Pay Dividends Later

The type and nature of assets owned by a debtor may differ which is why our relentless attorneys make sure that they research and identify all possible means of payment. If the debtor owns real estate and the client has reasonable doubt that the former will default on their payments or will try to transfer, sell or damage any property under their name to get away without paying, then we can help. We can assist in seeking and obtaining attachments on these properties to make sure this doesn’t happen.

After a judgment is released, the issued, the attachment works as a place marker and allows the execution to be recorded and relate back in terms of chain of title to the date and amount of attachment.

Personal Property Attachments Can Prevent Your Debtor from Moving Its Assets

Law suits exist because debtors refuse to make the payments that they owe, and creditors shouldn’t and won’t take no payment as an answer. As a result, when the court rules against the debtors, they may try everything in their power to show that they genuinely can’t make the necessary payments. Most of the times, this is done through temporarily moving any assets that they own in order to show that they, in fact, have nothing or to simply put them out of the reach of the creditor. Personal property attachments can be issued when you suspect something like this will be tried by the debtor. In such a case, our attorneys at the Law Offices of Alan M. Cohen LLC help you swiftly move on the respective properties which can yield the amount that is owed to you.

Once the attachment is issued, the debtors can challenge the validity of the attachment. When they don’t challenge it and or fail when they do, the creditor may be secured on the debtor’s equity in the property. The debtor’s ability to sell, transfer, mortgage or try any other means of getting rid of them is taken away from them unless they pay our client from the proceeds. Personal property attachments may help ensure that you get paid.   

Reach and Apply Injunctions Are A Remedy Which Is Not Found In Many States But Can Provide Pre-Judgment Security

Sometimes, debtors will make a case that the amount they owe to you is actually being deferred by a third party. This means that they are unable to pay you unless they receive the payment themselves. Reach and apply injunctions provide a remedy for instances like these because they cut the debtor out of the loop and connect you directly to the third party. Now, you get the legal right to demand payment directly from the third party.

While many other states don’t have these provisions in their respective laws, Massachusetts has the distinction of being one of the few states where reach and apply injunctions are applicable. Therefore, if your Massachusetts debtor makes an excuse that falls under this banner, our relentless bad debt collection attorneys can help you by requesting that the court issue a reach and apply injunction pursuant to M.G.L.c. 214 Section 3 which may help you recover your debts.

Equitable Injunctions Can Prevent A Debtor From Transferring Its Out of State Assets So You Can Get Paid.

The attorneys at the Law offices of Alan M. Cohen LLC can also use equitable injunctions pursuant to M.G.L.c. 213 Section 1 to block the debtor’s attempt to move their out of state assets to get away without paying. Equitable injunctions are general orders issued by the court which obligate the debtor not to commit certain acts. In your personal debt recovery case, this can be used to stop the sale and transfer of assets that are out of state. Once the injunction has been issued, violating it can bring extensive legal repercussion for the debtor besides paying your owed amount back.

Our attorneys work tirelessly throughout the case and they don’t stop at winning. Our goal is to ensure that you are paid every penny once the case has been decided in your favor.

For more information, call us at (508) 620-6900 or visit our website at www.collections-law.com or email acohen@collections-law.com to schedule a consultation with our experienced team of attorneys. Collectively having over four decades of experience in the field and having helped hundreds of clients walk away with successfully recovered debts, we take pride in calling ourselves one of the best collection attorneys in Massachusetts.

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