Debt Collection Blog

"Relentless Collection Attorneys"

Using Your Debtor’s Assets to Secure Judgment Collections

Winning your case in court is often the easy part of the legal debt collection process; it’s collecting your payment post-judgment where things get challenging and require a bit of strategy. It is all too common to see a deadbeat debtor make every effort possible to hide assets and other information in an effort to avoid paying you, either partially or in full. 

Arguably one of the most important tools for post  judgment collection is having access to the debtor’s assets, which is where the collection attorneys at the Law Offices of Alan M. Cohen LLC come into play. Many of our post-judgment collection tools involve your debtor’s assets in some capacity, whether it be through attachments, injunctions, reach and apply injunctions and occasionally sheriff sales. Through over 45 years of collective experience, we seek to use the most effective  methods to aggressively, ethically, and relentlessly collect on unpaid court judgments.

Finding Your Debtor’s Assets

The first step in this process is determining which of your debtor’s assets can be seized to get you paid. We use  multiple  methods to determine such. One is through post-judgment discovery, where we work to follow your debtor’s money trail to find any assets that they may be attempting to hide. We request information about any bank accounts, real estate, inventory, vehicles, or other  valuable property, and the debtor must provide full information about the assets. When that does not happen, we pursue collateral approaches. From here, we can determine which of our collection methods will be most effective for your scenario.

Another process we use to learn  about your debtor’s assets is supplementary process. In supplementary process the debtor is required to appear before the Judge to have their ability to pay determined. Once the information is provided, a payment order may occur which is enforceable through contempt proceedings. The debtor’s failure to appear in court can l result in a warrant for arrest.

The Power of Writ of Executions

To avoid the runaround of your debtor saying they cannot pay, commencing to liquidate some or all of their non-exempt assets may incentivize the debtor to make payment. If it doesn’t, then we proceed to liquidate the assets with the net proceeds used to pay our clients. When equipped with a writ of execution, the local sheriff can attach your debtor’s non-exempt personal property and put it up for sale at public auction. Once any sale is made, the net proceeds will go into your pocket and contribute toward the full repayment of your outstanding debt.

The only caveat to the writ of execution is that in cases where a lien is already placed on the property, or if any statutory exemptions are present, we cannot use this tool to its full capabilities; however, there are many other methods that the post judgment collections lawyers at the Law Offices of Alan M. Cohen LLC can and will use  to get you paid. Still, a writ of execution is an aggressive yet ethical tool that we keep at our disposal that has gotten results time after time.

Using Attachments to Your Advantage

By using bank, trustee, or real estate attachments, we attempt to ensure that your debtor is not making any actions on their assets that may prevent us from using them to  get you paid. In many cases, we try to attach the debtor’s bank accounts or real estate ex parte, giving them no notice and allowing them no time to hide or sell such assets. Massachusetts courts will not always allow us to attach ex parte, and may require us to give notice, but our first approach where appropriate is to try to attach without notice thereby improving your chances of getting paid.

Through our years of experience collecting post-judgment, enforcing mechanic’s liens, and utilizing aggressive and relentless business debt collection tactics, the debt collection lawyers at the Law Offices of Alan M. Cohen LLC fight tooth and nail to see you collect on your outstanding debt until either you get paid or no one else can get you paid.

Turn to a Proven and Effective Debt Collections Lawyer

If you are seeking payment from a delinquent debtor who refuses every opportunity to pay, contact the relentless debt collection attorneys at the Law Offices of Alan M. Cohen LLC. We evaluate every aspect of your case and will fight for you until either we succeed in getting you paid or no one else can. Call us at (508) 620-6900 or email us at info@collections-law.com.

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