Post-Judgment Collections

"Relentless Collection Attorneys"

Post-Judgment Collections

Post-Judgment Collections for After Your Court Victory

Before our collections attorneys have obtained a judgment for your business, the Massachusetts Courts don’t allow an inquiry into the debtor’s assets. That all changes once we have achieved your judgment collection, as Massachusetts Rule of Civil Procedure 69 allows post-judgment depositions.

In addition to offering prejudgment attachments, foreign judgment collection, business debt collection, and Mechanic’s liens, the Massachusetts judgment collections attorneys at the Law Offices of Alan M. Cohen LLC will aggressively and expertly pursue post-judgment collections for judgment creditors to attempt to ensure that you get paid  the money from your court victory. Our experienced and relentless MA collections attorneys utilize a multitude of legal tactics that are aggressive, ethical, and effective.

Property Seizure-Sheriffs and Executions

Once we win the case for you, the creditor, and receive an execution from the court, we can direct the sheriff to seize all or some of the debtor’s assets. Subject to existing liens and statutory exemptions, the sheriff can sell the debtor’s belongings for post-judgment collections with the net proceeds paid to you! Although this power is subject to certain statutory exemptions, the right to seize and sell is an important weapon in our collection arsenal.

Furthermore, asset seizure is not limited to seizing and selling personal property. Once we have an execution, we can seize and sell the debtor’s saleable interest in real estate. Initially, our MA collection attorneys will direct the deputy sheriff to levy and suspend the sale of the real estate in question. If a real estate attachment was already obtained previously, the levy would, in a way, “marry” to the amount of the attachment. For more details as to what this means, give us a call at (508) 620-6900.

Post-Judgment Litigation

One tactic we use to secure post-judgment collections is called “post-judgment litigation.” In post-judgment litigation, we bring suit on the existing civil judgment, allowing us to bring in new parties or advance new theories to get you paid. Those theories may involve using reach and apply injunctions to seize monies owed by businesses owing your debtor monies. In essence reach and apply injunctions work in the following situation: If “A” owes money to “B” and “B” owes money to “C”, then reach and imply injunctions would direct “A” to pay “C” directly, thereby cutting your debtor “B” out of the loop.

Reach and apply injunctions can also be used to attach an individual debtor’s legal and/or beneficial ownership interest in trusts in which the debtor is a beneficiary or in corporations in which the individual judgment debtor has an ownership interest.

Other possible approaches include trying to impose individual liability on the owners, by seeking to peel the corporate onion  to follow the money back to the owners. Post judgment discovery allows us to determine whether the corporate debtor’s owner had used corporate assets improperly for the owners own personal benefit. Our experienced Massachusetts collections attorneys, in addition to using reach and apply injunctions to attach your debtor’s interest in other companies or property, also can  seek post-judgment ex parte bank, personal property, real estate and/or keeper attachments. On some occasions, we may also pursue post-judgment litigation against individual defendants by filing complaints for wage garnishment or against corporate defendants seeking receivership to liquidate or sell their business.

Supplementary Process

Yet another method we can employ in the service of post-judgment collections is supplementary process.

Supplementary process is an inexpensive new action which forces the debtor into court for an asset examination and a payment order. If the debtor fails to appear for the examination or comply with the court’s payment order, the court can issue a capias or bench warrant for the debtor’s arrest.

A capias or bench warrant is a serious matter. If the creditor desires, we will direct the deputy sheriff to physically arrest the debtor and literally haul them into court to face the judge.

Start Collecting What’s Yours Today

After your court victory, don’t leave your post-judgment collection to chance. Get in touch with the seasoned Massachusetts judgment collections attorneys at the Law Offices of Alan M. Cohen LLC to start collecting what you’re owed today! Call us at (508) 620-6900 or email us at info@collections-law.com.

Debt Collection FAQs

  • Why should my company hire the Law Offices of Alan M. Cohen LLC to collect unpaid accounts receivable in Massachusetts?

    Our philosophy is simple: We never give up. We pursue your debtor until either you get paid or no one else can get you paid. We treat your debt as our debt and tirelessly pursue debt recovery. We are the last name that your debtors want to hear.

  • How do you effectively collect debt in Boston, Worcester, Springfield and throughout Massachusetts?

    When we first get a file in from a client, we look to see what the debtor is about, who it does business with, and what is posted on social media. From there we determine which collection tactic would be most effective in swiftly collecting our client’s bad debt. Unlike others who write demand letters and make calls, we figure that you have already done that and want an aggressive and relentless debt collection action. That is exactly what we provide: No calls. No letters. Just Action through litigation.

  • What makes a good Massachusetts bad debt collections attorney?

    A good Massachusetts collection attorney not only knows how to collect bad debt in Massachusetts but is driven to do what it takes no matter how long it takes to collect the delinquent debt. A good Massachusetts collection lawyer not only listens to his client, but he also keeps his/her client informed of everything that is happening in the case. At the Law Offices of Alan M. Cohen LLC, aggressive, relentless, innovative and successful bad debt collection is wired into our DNA. We send a copy of every communication that we send and receive on your case to you. For over three and a half decades we have been protecting creditor’s rights.

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