Debt Collection Blog

"Relentless Collection Attorneys"

Alan Cohen

Unlike Others, We Seek Pre-Judgment Attachments to Secure Debt Recovery Aggressively

At the Law Offices of Alan M. Cohen LLC, we work to “get you paid”. And we’ll do whatever it takes (in compliance with the law) to recover your monies back from your debtors.

Unlike other lawyers who may wait to take legal actions until they obtain judgment, WE DON’T!! The debt recovery efforts of our experienced Massachusetts collection attorney, Alan M. Cohen begin as soon as you hire us for legal representation. We don’t wait to obtain judgment. In fact, we seek pre-judgment attachments to secure debt recovery right when we file the suit so that when you win, there hopefully will be something to get paid with.

We act fast and work proactively to make sure that your debtor doesn’t sell, transfer, encumber or hide their assets to avoid paying you for your services, materials or monies lent.

Based on our over three decades experience, we know that debtors may not intend to voluntarily pay their debts. In fact, some go as far as transferring or hiding their assets to prove their inability to make debt payments.

However, what your debtor doesn’t know is that your attorney for debt collection is Alan M. Cohen. When we handle a debt recovery case, our attorneys first investigate about the debtor’s assets. Based on our findings, we choose which tactics would best to collect your debt and then right after we have filed suit, we take aggressive measures and seek pre-judgment attachments.

  • Our Attorney Uses Ex Parte Bank Attachments to Secure Debt Recovery

One of the most effective and best methods to recover debt payments is to use ex parte bank attachments. And this is exactly what our attorney tries to do. Ex parte basically means that our attorney asks the court to direct the bank to freeze either all or part of one or more debtor’s bank accounts without any prior notice to the debtor.

One of the top reasons why we go for ex parte bank attachments is that it prevents the debtor from emptying the accounts which is most likely to happen if they receive a prior notice and know beforehand that their accounts will be ceased.

Besides this, once the ex parte bank attachment is implemented, the debtor is not able to use, transfer or withdraw money from their accounts.

However, to ensure the success of this legal action it all comes down to the creditor. We advise you to keep copies of the checks that you receive from your debtors as it helps with banking changes and account verification. If you don’t have the checks, your bank keeps copies of all of your deposits for six years.  This information also helps us to file a motion for a bank attachment and then seize the debtor’s bank accounts.

Please note that pre-judgment security doesn’t mean that you will be entitled to keep or use the money seized in the bank accounts of the debtor. This legal action holds assets aside to satisfy the judgment when we win the case. Sometimes an attachment can have the collateral beneficial impact of evening the playing field which may result in settlement discussions.

  • Real Estate Attachments Can Pay Dividends Later

If upon our investigation we discover that your debtor has real estate in Massachusetts, then we’ll use the power of real estate attachments to help you get paid. This action may prevent the debtor from selling, transferring or mortgaging the property attached.  Creditors can obtain court ordered real estate attachments on ex-parte basis in situations where the creditor has a basis to believe that the defendant might sell or encumber the property if notified or there is a clear danger that the debtor may damage or destroy the property to be attached.

  • Reach and Apply Injunctions Are a Remedy Not Found in Many States but Can Provide Pre-Judgment Security

To help our clients recover debts, we may use other effective remedies such as reach and apply injunctions. This statutory tool is not available in all the states but luckily Massachusetts is one of the few states in the US where it is applicable. So, if and when the situation requires, our attorney may use reach and apply injunctions to secure debt recovery.

This tool is predominantly used in situations where the debtor claims that they can’t pay to the creditor because their monies are stuck in account receivables with their debtors. They claim that they will be able to make payments when they get paid from their debtors. Unlike other attorneys just dabble in debt collection and judgment enforcement, we use reach and apply injunctions to collect monies directly from the debtor’s debtor to get you paid.

The reach and apply injunction allows our Massachusetts collection attorney to sue the third party that owes money to the judgment debtor. The process cuts the debtor from the loop and we then directly communicate with the debtor’s debtor for payments to you.

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

At the Law Offices of Alan M. Cohen LLC, our goal is to secure debt recovery for you and for this purpose we may also use equitable injunctions. An equitable injunction is a form of a court order that compels a party to refrain from or do specific acts. And if they don’t conform to the injunction then they may have to face the wrath of the court.

Simply put, equitable injunctions can be used to prevent the debtor from engaging in acts like transferring assets which are out of state so that those assets can be used to get you paid.

For more information on our aggressive debt recovery approach or legal assistance, call us at (508) 620-6900 or email us at acohen@collections-law.com. We can help you recover bad debt from stubborn debtors who just won’t pay.

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