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Using Reach and Apply Injunctions to Recover Debt in Massachusetts

Are you struggling with debt collections from a debtor who seems to have no intention of paying you back? Have you won a judgment in court and are unsure what to do next? If your answer to any of these questions is yes, then get in touch with the Law Offices of Alan M. Cohen LLC right now, before it’s too late. 

Even if it is won, a judgment is a mere piece of paper that can easily be ignored and rejected by the debtor. On top of this, each judgment comes with a time limit. You need to make sure that your judgment is enforced within that period, or else it can expire and become useless.

Alan M. Cohen is a Massachusetts debt recovery attorney who can help you with your business to business debt collection matters by taking appropriate, aggressive, and smart legal action to recover the debt smoothly and promptly — and that is not an overstatement.

Before any process is started, the Law Offices of Alan M. Cohen LLC will investigate your case in detail to understand the dynamics and complexities associated with it. This way, we can determine the best tactic for debt collection. However, if we determine that your debtor is waiting for payments from other parties before repaying their debts to you, then based on our three decades of experience, we may choose to use reach and apply injunctions.

What is a reach and apply injunction?

Reach and apply injunctions allow the debt recovery attorney to enforce a judgment by suing a third party that owes or will be owed money to the judgment creditor’s debtor. In other words, the money owed to you by your debtor can be recovered from someone who owes money to the debtor. This tool cannot be used in all states, but luckily, Massachusetts is one of the few where reach and apply is applicable.

This type of injunction is an effective way for the Law Offices of Alan M. Cohen LLC to assist with your debt collections, as it cuts your debtor out of the loop and allows you to directly deal with someone more inclined to pay, i.e., a third party. We then make them pay you the money that they owe to your debtor. The top benefits of using reach and apply injunctions are:

  • You may not have to wait months, or even years, for your debt payments until your debtor recovers their debts.
  • As you can directly sue the debtor’s debtor, it speeds up the delinquent debt account recovery process.
  • As you collect the monies directly from the third party, it reduces the chances of miscommunication and confusion.

Unlike obtaining a “regular” injunction to obtain pre-judgment security of overdue accounts receivable, obtaining an injunction under Massachusetts Law c. 214 § 3 requires only that a commercial creditor: 

  1. Establishes that the debtor owes it money; and 
  2. Demonstrates that the debtor’s interest in a property cannot be reached to be attached or taken on execution. 

How reach and apply injunctions have helped companies collect their debts

Recently, a lumber company hired Attorney Alan M. Cohen to attempt to collect from one of its customers. He proceeded to check the registry of deeds to locate any real estate to attach, but the debtor had none. After obtaining an ex parte bank attachment, which caught nothing, Attorney Cohen subpoenaed the debtor’s banking records. These bank records showed that the debtor had recently acquired a deposit on a new project. 

Armed with this newly uncovered information, Attorney Cohen immediately filed a motion to amend the complaint and to seek a reach and apply injunction. This injunction sought to require the debtor’s new customer to make payments directly to Alan M. Cohen as an attorney for the lumber yard.

The court allowed the reach and apply injunction and issued a temporary restraining order, which ordered the defendant and his customer to maintain the status quo and prevented the payment of any monies between them. As a result of the aggressive and innovative tactics of our commercial collections attorney, the debtor immediately contacted Attorney Cohen, who negotiated a favorable settlement agreement which resulted in payment in full in two months.

Contact the Law Offices of Alan M. Cohen LLC today.

By hiring the Law Offices of Alan M. Cohen LLC as your Massachusetts attorney for judgment collection, you don’t have to frustrate yourself with debt collection efforts. Using reach and apply injunction where appropriate, our collections attorneys will summons in a third party for collection and help you with the recovery of your due payments. The Law Offices of Alan M. Cohen LLC provides creditors with the best services and techniques to collect debt payments. For more information about reach and apply injunctions or other debt collection methods that may work best in your situation, call on (508) 620-6900 or email us at info@collections-law.com.

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