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We Enforce Foreign Judgments in Massachusetts

We Enforce Foreign Judgments in Massachusetts

Massachusetts is one of the states that is not a signatory to the Uniform Enforcement of the Foreign Judgment Act which means that a foreign judgment is not automatically enforceable by ‘Full Faith and Credit” as it is in forty-seven states of the US. As a result, enforcing foreign judgments in Massachusetts is more challenging than doing the same in some other states.

A foreign judgment from a sister state is a court order that has been entered in a state other than Massachusetts. Such an order has to be domesticated before it can be enforced in this state. This is the part that is quite tricky.

In Massachusetts Domesticating Foreign Judgments Requires A Separate Action.

Since the state of Massachusetts has not implemented the Uniform Enforcement of the Foreign Judgment Act, foreign judgments that have to be executed in the state have a specific procedure. An attorney files a lawsuit on your behalf with the local court. Once the judge passes the respective local judgment, then you can continue with debt collection on assets that your debtor owns in the state of Massachusetts. However, most people overlook the fact that winning a judgment is only half of the process. Enforcing the decision and getting you paid is the most crucial part.

Unlike Others Who Just File A Complaint on The Foreign Judgment, Our Aggressive Collection Lawyers Seek To Get A Debt Recovery During The Same Process.

At the Law Offices of Alan M. Cohen LLC, our attorneys understand this. This is why our team has a motto that we don’t rest until you have successfully collected your debts. As soon as the law suit for domestication of the foreign judgment is filed in Massachusetts, our attorneys begin taking parallel steps for debt collection too.

We begin with an initial discovery phase. Using over three decades of experience in the field of commercial debt collection and legal resources that have the ability to dig deep into your debtor’s potential assets, we compile a list of everything that they own within the state which is publicly available.

Our Attorneys Use Ex Parte Bank Attachments to Secure Payment of Your Foreign Judgment

Once the discovery process is completed, we begin formulating plans to identify assets with the highest potential to successfully recover your debts. One of the ways this is done is by seeking and often obtaining ex parte attachments on properties or bank accounts held by the debtor. An attachment authorizes the creditor to limit the power that the owner holds over the respective asset. We seek to obtain this attachment before the Massachusetts judgment domesticating your foreign judgment us entered to make sure that you have added security of recovering your debts when the foreign judgment is finally domesticated.

Using the ex parte attachment, we seek to gain control over assets of the debtor which not only provides a remedy for you to collect but also levels the playing field for negotiated settlements. Ex parte attachments are legal court ordered orders that are aimed at either maintaining the status quo so that your debtor’s assets do not disappear prejudgment and collecting upon the judgment debt, post judgment.

Ex Parte Real Estate Attachments on Foreign Judgments Can Lead To Payment

Our relentless attorneys can make use of ex parte attachments quite effectively and ensure that they lead to payments in foreign judgment cases. Ex parte attachments can be obtained for any asset that is valuable enough for debt recovery. This can vary from case to case. Relying on the findings from our discovery process, your business debt collection attorneys can move the court to grant real estate attachments which allow properties held by a debtor to be seized. The attachment is limited in scope to the debtor’s equity in the property. That is why your credit applications and contracts must be drafted with debt collection in mind.

Real estate attachments make sure that the debtor doesn’t sell, transfer or damage their property in order to delay payments.

While Domesticating Your Foreign Judgment Our Aggressive Collection Attorneys Can Seek Personal Property Attachments to Collect Judgment Debt

Judgment debtors can have other assets besides real estate and bank accounts. These personal properties can include vehicles, paintings or other valuables that can be used to repay any lingering debt of the creditor. Our attorneys use an aggressive approach from the start to try to ensure that any assets with the potential for successful debt recovery are listed and secured through attachments.

The secret to successful execution in these matters lies in the pro-activeness of your attorney and their will to get you paid and not just help you win the case. That is where the Law Offices of Alan M. Cohen LLC differs from most collection attorneys. We never give up.

Foreign Judgments Can Be Enforced During Judgment Domestication through Reach and Apply Injunctions.

At the Law Offices of Alan M. Cohen LLC, we believe that waiting until the end of the law suit process in a foreign judgment case and then planning for debt recovery is a huge loss. A debtor with malicious intent will already have hidden their assets by then because they anticipate losing the case. This is why we begin enforcement of foreign judgments and specifically debt collection during the judgment domestication process.

Our attorneys can also use reach and apply injunctions in case a debtor makes the case that they can’t fulfill the payments because a third party owes them the money. This type of injunction will cut the debtor out of the loop and authorize you to receive the payment directly from the third party.

Alan M. Cohen and his team of diligent commercial debt collection attorneys direct all their efforts to not just successfully domesticating your foreign judgment but also making sure that it is enforced as soon as the state of Massachusetts grants it a legal status. In order to discuss the specifics of your case with our team or to gain more information, feel free to call us at 508-620 6900. You can also email us at alanmcohen@collections-law.com.

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