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While Domesticating Foreign Judgments we simultaneously seek to collect the Debt using Bank Attachments

While Domesticating Foreign Judgments we simultaneously seek to collect the Debt using Bank Attachments

Debt recovery from debtors who have zero intentions of paying back can be difficult. They do whatever it takes for them to make sure that you end up giving up on collecting your money from them. Some go as far as hiding their assets and transferring them to someone else’s account so that they can claim that they are not financially able to pay you your money.

We suppose that one option might be to give up and let the deadbeat win. If that is your choice, stop reading because we never give up.

As we’ve been practicing law for over three decades now, let’s just say our Massachusetts bad debt collections attorney Alan M. Cohen has seen most of the shimmies and shakes of the deadbeat hustle and works to take down the hurdles that debtors often erect to slow you down or wear you out. This is exactly why we don’t wait to obtain a Massachusetts judgment to seek to collect the ad debt. Even before the Massachusetts court enters a Massachusetts judgment necessary to enforce the foreign judgment, our debt collection lawyer seeks to obtain pre-Massachusetts judgment security. So, when you officially obtain a Massachusetts judgment, you’re on the way to collect that judgment.

We do this by filing a suit in Massachusetts to domesticate foreign judgment on your behalf and simultaneously conducting a thorough investigation of your debtor’s assets in Massachusetts to seek pre-judgment security so that when you win, and your foreign judgment is domesticated, you can get paid. After all, isn’t that the reason that you hire a debt collection attorney?

Pre-judgment security can be best described as obtaining a court order that freezes the assets of the judgment debtor during the pendency of the litigation. It is helpful as it ensures that these assets are available to pay for your debt claim once you win the case. As the assets are seized, they can’t be used or transferred. In this way, the debtor can’t make any stealthy move to avoid paying for the services or products that you have provided to them on credit or monies that you loaned to them.

If upon investigation we learn that your judgment debtor has banks accounts, then we file the appropriate ex parte motion to freeze their funds by using a bank attachment, also known as trustee process. When the court does not allow ex parte attachment of the debtor’s bank account, we then seek to attach their accounts with notice.   

Attachments can be best described as a statutory remedy or collection tool that prevents the defendant from transferring, selling, hiding or encumbering assets before the plaintiff obtains or enforces a final judgment. Likewise, bank attachments are precisely focused on freezing bank accounts.

However, to successfully seize the judgment debtor’s bank accounts, you should always make a copy of every check that you receive from them. This is crucial for three reasons.

  1. These help with verification of accounts
  2. They are indicative of continuous banking changes, and
  3. Affords the debt collection lawyer attachment targets.

All this information is essential for quick motion filing for a bank attachment which is much needed in such situations so that the judgment debtor has no way to defend themselves and delay payments. With bank attachments, the monies of the judgment debtor in their bank accounts are held aside by the bank as security under the law.

This action is a win-win both ways. Once this action is taken and you win the judgment, then the bank will pay you, the judgment creditor, the monies held aside up to the amount of the Massachusetts judgment.

For more information on bank attachments, how it works, or for legal representation call (508) 620-6900 or email us at acohen@collections-law.com. Our attorney will guide you through the process and provide you with aggressive legal representation that you need to fight your case and recover your monies.

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