How We Enforce Judgments
The United States Constitution requires states to honor the judgments of other states as decided by their courts. The experienced collections attorneys at the Law Offices of Alan M. Cohen LLC enforce judgments — both Massachusetts judgments and foreign judgments — aggressively and relentlessly in the Commonwealth of Massachusetts.
In 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 judgments and getting you paid. The difference between domestication and enforcement is like night and day.
To domesticate your judgment by registration our relentless enforcement of judgment collections lawyers can file a properly attested copy of your foreign judgment and your affidavit with the court. The court clerk then the clerk gives notice to the Massachusetts debtor of your foreign judgment. If said debtor does nothing, the clerk is required to issue the execution after 30 days. After receiving the execution, our aggressive collections attorneys can seek to use the execution to levy upon real or personal properties. If appropriate we send the execution to the sheriff to make a statutory demand on the judgment debtor, which is a prerequisite for filing for receivership.
The execution should issue unless:
1. 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 judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated.
2. 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 judgments for an appropriate period, upon requiring the same security for satisfaction of the judgment that is required for the commonwealth.
After you have obtained your MA execution, what is your next step to enforce judgments? If the judgment debtor has real property, the experienced collections lawyers at the Law offices of Alan M. Cohen LLC can send the execution to the deputy sheriff to levy upon the execution and either sell the property or suspend the sale.
The second manner to domesticate a foreign judgment is to commence a suit to enforce the judgement. This avenue allows the aggressive collections attorneys at the Law Offices of Alan M. Cohen LLC to enforce judgments by immediately seeking pre-Massachusetts judgment attachments. The beauty of this approach to enforce foreign judgments is that you ordinarily do not have to wait thirty days before you can aggressively seek to get paid. Time is money, especially in the COVID (and hopefully soon to be post-pandemic) world.
Our Aggressive Approach to Enforcement of Judgments
If you are an out of state creditor with a debtor in MA, our collections attorneys based in the Boston area whose practice extends throughout Massachusetts can help collect your debt by obtaining a Massachusetts judgment. The collections lawyers at the Law Offices of Alan M. Cohen LLC are relentless, aggressive and effective in the enforcement of judgments with over 45 years of experience getting our clients paid whether they have foreign judgments, Massachusetts judgments or need a collection case brought to a judgment in order to collect the bad debt. Attorney Alan M. Cohen has the skills and tenacity to chase down judgment debtors and pre-judgment debtors liable on commercial debts in Massachusetts. Our philosophy on debt collection and enforcement saves out-of-state businesses time and money most often without the need to travel to Massachusetts to collect.
The collections attorneys at the Law Offices of Alan M. Cohen LLC act quickly to enforce judgments, investigating the debtor’s situation to determine what assets he or she or it has in Massachusetts and then preparing pre-judgment attachments to seize the debtor’s bank account, real estate and other assets. After obtaining these allowed attachments, the sheriff serves the bank attachments and records real estate attachments to attempt to give you security to get you paid as we enforce judgments.
Removing Barriers to Help You Get Paid in Massachusetts
To enforce judgments from another state in a commercial collection matter in Massachusetts, the judgment must be domesticated there 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.
The collections lawyers at the Law Offices of Alan M. Cohen LLC have over 45 years of experience in judgment domestication and enforcement of judgments for out-of-state creditors by collecting bad debts. We know the right steps to take in helping you pursue post-judgment collections of your out-of-state judgment or bad debt, and can assist you with various post-judgment litigation 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 focus on business collection matters. We relentlessly pursue monies owed to companies throughout the Commonwealth of Massachusetts and the United States through our aggressive commercial debt collection litigation. Our tenacious and ethical approach has helped us secure favorable outcomes for our clients across the country. Call (508) 620-6900 or email email@example.com to learn how our highly-skilled Boston trained collections attorneys can help you domesticate and enforce judgments to try to get you paid.
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.