We Fight Relentlessly to Collect Your Foreign Judgment to Get You Paid
The United States Constitution requires states to honor the judgments of other states as decided by their courts. And it is our job to handle enforcement of foreign judgments aggressively and relentlessly in the Commonwealth of Massachusetts.
Effective April 1, 2019, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgment Act. Although the law makes it easier to domesticate foreign judgments, it has only a marginal impact on the enforcement of foreign judgments and getting you paid. The difference between domestication and enforcement is night and day.
Now to domesticate your judgment, you need only file a properly attested to copy of your foreign judgment, and then the clerk gives notice to the Massachusetts debtor. If the Massachusetts debtor does nothing, the clerk will issue the execution after thirty days and you can use the execution to levy upon real property or personal property. You can also use the execution to make a demand on the judgment debtor which s a prerequisite to filing for receivership.
The execution should issue except under two circumstances:
- If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered, stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated; or
- If the judgment debtor shows the district court any ground upon which the enforcement of a judgment of a district court of the commonwealth would be stayed, the court shall stay enforcement of the foreign judgments for an appropriate period, upon requiring the same security for satisfaction of the judgment that is required in the commonwealth.
After you have obtained your Massachusetts execution, what is your next step? If the judgment debtor has real property, you could levy upon the execution and either sell the property or suspend the sale.
However, even after obtaining registration, it is often necessary to commence a suit on the Massachusetts judgment to enforce it. Waiting for the thirty days to pass and then again waiting for a district court to issue the execution when domestication is unopposed rather than simplifying collection efforts may have the effect of compromising collectability.
Importantly, the new statute also continues to allow domestication by commencing a new action.
Unlike in the registration process, we can and do use the new action to immediately aggressively seek Massachusetts pre-judgment security using where appropriate ex parte bank attachments, real estate attachments, personal property attachments, reach and apply injunctions, equitable injunctions.
This allows us to start the efforts to collect at the start of the action and not have to wait at east thirty days for the judgment to be recognized and execution to issue.. The registration process, although making it easier for you to obtain a Massachusetts execution, may hinder the collection of your out of state judgment. It gives your debtor a minimum of an additional thirty days to hide its assets and prepare for the collection activity.
Whether you want to do the two-step process to domesticate and enforce your foreign judgment or the one-step process to domesticate your foreign judgment, is your choice. In either event, we will aggressively, relentlessly, and ethically work to get you paid on your foreign judgment.
At the Law Offices of Alan M. Cohen LLC, we represent businesses and creditors throughout the United States and the world in commercial collection matters. Our collection law firm is committed and skilled in domesticating and enforcing the judgments of your State and Country. Contact our law office today at (508) 620-6900 or email us at email@example.com to learn more about how we can not only domesticate your foreign judgment but how we can collect upon your foreign judgment as well.
Aggressive Approach to Enforcement of Foreign Judgments
If you are a creditor from out-of-state with a debtor in Massachusetts, our Massachusetts collection attorneys can help you collect your debt by obtaining a Massachusetts judgment. Foreign judgment enforcement and debt collection are what we do. We are relentless, aggressive, and effective foreign judgment Massachusetts collection lawyers with over thirty-five years of experience getting our clients paid.
For more than three and a half decades, our founder, Debt Collections Attorney Alan M. Cohen has helped businesses recover their debts by offering an aggressive approach. He has the skills and tenacity to chase down judgment debtors or pre-judgment debtors liable on commercial debts in Massachusetts. Collection lawyer Attorney Cohen saves his out-of-state business clients time and money often without the need for them to travel to Massachusetts to collect their money.
Our founder, Attorney Alan M. Cohen, acts quickly, investigating the debtor’s situation to determine what assets he or she has in Massachusetts, including any personal guarantees on the debt. We then begin to prepare pre-judgment documentation to seek and obtain ex-parte attachments to seize the debtor’s bank accounts, real estate, and other assets. After we have obtained the allowed attachments, the sheriff will be able to serve the bank and record real estate attachments to attempt to give you security to obtain the payments you are entitled to receive.
We are committed to helping our business clients reach the front of the payment line and get paid the debts they are owed. We will not stop until we have collected the money due to you; and if we can’t, no one else can. Our aggressive, relentless, effective, and ethical tactics have helped us secure many favorable outcomes for our business clients. For experienced foreign judgment domestication Massachusetts collection lawyers, call us at (508) 620-6900 or email us at firstname.lastname@example.org.
Removing Barriers to Help You Get Paid in Massachusetts
For another State’s judgment to be enforceable in a commercial collection matter in Massachusetts, the judgment must first be domesticated in Massachusetts before creditors can take action. This requires filing a suit on your judgment to obtain a Massachusetts judgment or a filing through the judgment registration process..
Our founder, Boston Debt Collection Attorney Alan M. Cohen, has over 35 years of experience domesticating and enforcement of foreign judgments and collecting bad debts. Attorney Cohen knows the right steps to take in helping you pursue collection of your out-of-state judgment. Our judgment collection law firm can assist you with various collections options, including:
- Attachment of bank accounts, real estate and other assets
- Complaints on judgments
- Supplementary Process
- Reach and Apply Injunctions
At the Law Offices of Alan M. Cohen LLC, we have dedicated our entire practice to handling business collection matters. We relentlessly and aggressively pursue monies owed to companies throughout Massachusetts. Our aggressive and tenacious, yet ethical approach has helped us secure favorable outcomes for our clients across the country. Click here to read our blog posts on how we enforce foreign judgments in Massachusetts or call (508) 620-6900 or email email@example.com to learn more about how we can collect your foreign judgment.
Collection Attorney Handling Foreign Judgments in Massachusetts
We are committed to helping you get paid. Contact our law firm online at firstname.lastname@example.org or call (508) 620-6900 to learn how a highly-skilled Boston trained enforcement of foreign judgment lawyer can help you to domesticate your foreign judgment in Massachusetts.
Read more about what we do:
- Pre-Judgment Attachments
- Business Debt Collections
- Commercial Debt Collections
- Credit Applications/Contracts
- Mechanic’s Liens
- Preference Actions
- Post-Judgment Collections
As of April 1, 2019, Massachusetts has finally adopted the Uniform Foreign Judgment Enforcement Act, allowing out-of-state creditors to wait until their new judgment is formally domesticated. Alternatively, they can also choose to bring a new suit and seek pre-Massachusetts judgment security immediately without waiting to start collecting your debt. The collections attorneys at the Law Offices of Alan M. Cohen LLC have been collectively domesticating and collecting foreign judgments for more than 45 years and can fight for you as well.
By adopting the Uniform Enforcement of Foreign Judgment Act, Massachusetts has now joined the majority of the states in allowing a cost-effective way of registering a foreign judgment. The only way you could have had your foreign judgment enforced before this is by filing a new lawsuit based on the foreign judgment. Now, the Commonwealth of Massachusetts allows the registration of judgments and sets forth the burden of proof to challenge the validity and enforceability of foreign judgments. The Law Offices of Alan M. Cohen LLC is experienced in both enforcing and collecting Massachusetts judgments and can help fight to get you paid.