Debt Collection Blog

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Alan Cohen

We Seek Real Estate Attachments to Secure Payment of Your Foreign Judgment during our Massachusetts Judgment Enforcement Proceedings

At the Law Offices of Alan M. Cohen LLC, we aggressively and relentlessly work to recover your monies. And this is evident from the fact that we start our legwork while your Massachusetts judgment enforcement proceeding is underway.

Upon analysis of your case and investigation of your debtor’s assets, if our experienced debt collection attorney, Alan M. Cohen, finds out that your debtor owns real estate in Massachusetts, then we’ll seek for real estate attachments to secure payments.

What is Real Estate Attachment?

Real estate attachment is a pre-judgment security tool that is provided to creditors by the law of the Commonwealth of Massachusetts. As per the law, the creditor can use real estate attachment to seize the debtor’s real estate with or without any notification, at the court’s discretion. The plaintiff (creditor) secures the debtor’s real estate while the lawsuit is pending or before the final judgment is obtained.

How does it Work?

The real estate attachment on the debtor’s property prevents them from:

  • Mortgaging,
  • Transferring, or
  • Selling it to someone else before they make debt payments to the creditor.

Why Do We Seek Real Estate Attachments?

By leveraging on our rich legal experience, we know that sometimes court proceedings can move at a very slow pace for a variety of reasons. Meanwhile, the defendant or your debtor can make the most of it by selling off or transferring their property to someone else. And when this happens, you may have to look for other ways to recover your monies.

But when you hire us, you don’t have to worry about that as our attorneys work hard to be ahead of the game. We perform a thorough investigation about the debtor’s assets and real estate in Massachusetts, and then immediately seek for real estate attachments which prevent the debtor from selling or transferring the property until they make payments to you.

Situations When Ex-Parte is Allowed on Real Estate Attachments

The Commonwealth of Massachusetts allows ex-parte real estate attachments in certain situations. By ex-parte we mean without notifying the debtor.  Ex-parte attachments on real estate can be sought if and when, among other reasons:

  1. You will be able to recover Massachusetts judgment in an amount that is equal to or greater than the amount of the attachment over and above any liability insurance known or reasonably believed to be available.
  2. You are afraid that if notified, the debtor may sell, mortgage or transfer the real estate or even conceal it.
  3. There is a clear danger that the debtor will convey, or lien or encumber the real estate if they are notified in advance..

Here it is important to understand that real estate attachment doesn’t mean that you’re entitled to keep or sell the property that you have secured. However, what it does mean is that by securing the assets of the debtor, it increases your chances of debt recovery by providing a possible asset to sell when you win the case.

Contact us today

So, call the Law Offices of Alan M. Cohen LLC now at (508) 620-6900 or email us at acohen@collections-law.com. Let our experienced debt collections attorneys handle your case.

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