Debt Collection Blog

"Relentless Collection Attorneys"

Alan Cohen

With Over Three Decades of Debt Collection Experience, We Don’t Just Go Through the Motions of Attempting to Collect Commercial Debt; We Work Every File Until the Bad Debt is Either Collected or No One Can Collect it

When it comes to debt collection in Massachusetts, it is without a doubt that only the most aggressive posture by a debt collection attorney is going to increase the likelihood of success in getting your delinquent debt paid, which is why at the Law Offices of Alan M. Cohen LLC, we aggressively pursue asset recovery. With our aggressive, yet lawful debt collection strategy, the creditor’s chances of getting paid are significantly increased.

WHY YOU NEED AN EXPERIENCED ATTORNEY?

There are various reasons why a creditor might need the advice and skillful guidance of an experienced debt collection attorney in the State of Massachusetts. First of all, just by getting a judgement does not ensure that a creditor is going to be paid.  The debtor might also turn to misleading tactics to keep them from having to pay the delinquent debt. The experienced debt collection attorneys at the Law Offices of Alan M. Cohen LLC have dealt with countless cases of debt collection in Massachusetts, and, and we’ve seen many clever attempts by debtors to attempt to stop the creditor. Which is why we are in the best position to provide our clients with tried and proven ways in which they can get their payments. With decades of experience in debt collection, we can anticipate what the debtor’s next move might be to save them from the judgement debt and position ourselves to try to bet the debtor at its own game. 

By hiring the Law Offices of Alan M. Cohen LLC, you can rest assured that you are going to be hiring debt collection attorneys who are not only well versed with the minute details of debt collection within the State of Massachusetts but work hard to be two steps ahead of the debtor, which increases your chances of getting paid significantly. We will help you navigate through the myriad of laws surrounding debt collection in Massachusetts to make sure no laws are violated while we get back your money.

WHY SO SERIOUS?

If you are a creditor who is overdue a significant amount of money which the debtor isn’t making an effort to pay, that may be because the debtor assumes that you aren’t going to stand up for your rights. That’s where they’re wrong! The experienced debt collection attorneys at the Law Offices of Alan M. Cohen LLC have always been instrumental in providing creditors in Massachusetts with the special skill set necessary for the collection of delinquent debt in Massachusetts. Unlike, hiring a collection agency who does not have the legal authority to take your debtor to court, the experienced attorneys at the Law Offices of Alan M. Cohen LLC can, which in many cases, increases your chances in getting a debt repaid. Each of the attorneys is more than capable in handling a debt claim in Massachusetts and can provide you with crucial legal advice and representation throughout the collection process.

DON’T WASTE TIME!

There are a number of reasons why a creditor should not waste time in pursuing their delinquent debt. One of the reasons is because their chances of getting paid drops the longer they wait to make a claim. This is why it is important for creditors who are dealing with debtors who have not made their payments to immediately hire an experienced debt collection attorney who has can guide them through the process of getting their delinquent debt paid.

THE PROCEDURE

The problem that most creditors in Massachusetts face are debtors who attempt to stall the creditor’s efforts to getting paid. To achieve that, the debtor will turn to various scrupulous and unscrupulous methods to dupe the creditor out of receiving their debt. Hiring an experienced debt collection attorney in Massachusetts, increases the creditor’s chances of getting paid by using aggressive methods that are within the confines of the law to get the payment. The following is a quick breakdown of the process, once you’ve hired the experienced debt collection attorneys at the Law Offices of Alan M. Cohen LLC.

REVIEW OF THE CREDITOR’S FILE

Hiring an attorney who has over three decades of experience in debt collection in Massachusetts may just be one of the wisest decisions you have ever made in your life, and for good reason. Once the Law Offices of Alan M. Cohen LLC receives your case file, our attorneys will go examine your case thoroughly to determine whether you have a case, is it a collectible debt, and what debt recovery tactics to use to get you paid. Once it has been determined that the creditor really has a case, then our attorneys get to work getting back your money. To achieve that there are various methods that we can use to increase your chances of getting your delinquent debt paid.

THE LAWSUIT

Some attorneys who only dabble in debt collection while focusing on other areas of law start slow by sending a demand letter to the debtor which demands that they pay their debt on time or else. At the Law Offices of Alan M. Cohen LLC, we don’t waste your time by sending letters and making phone calls. Besides, if the debtor really wanted to make the payments they would have after you called them in the first place. Rather than waste time, our attorneys will move straight to filing a lawsuit against your debtor.

FOLLOWING SUIT

Once the suit has been filed against the debtor, our debt collection attorneys will move fast to obtain a judgement in your favor, most times before the case goes to trial. In most cases, the threat of having to go to trial is enough to get the debtor to pay up their delinquent debt. But, in case, the debtor decides not to, our experienced debt collection attorneys will aggressively prosecute your case to get you paid as much and as soon as possible.

BEFORE JUDGMENT AND AFTER JUDGMENT

Before securing judgment, we seek to obtain pre-judgment attachments of bank accounts, real estate and other assets so that after you win, there is a means to pay you. After judgment we now can sell the defendants’ assets that we have attached/ We can also move to file wage garnishments against the debtor. The garnishments take the money from the paychecks of the debtor to be applied to paying judgment debt. Though rarely the case, if we are unable to locate the place of employment of the debtor, our experienced debt collection attorney can force the debtor to appear in court to testify about their finances during supplementary process or can notice and conduct post judgment -depositions.

IMPORTANCE OF HIRING A DEBT COLLECTION ATTORNEY

Although, some folks in Massachusetts might think of going through the process of collecting their debt without the advice or guidance of an attorney. That would be a bad idea for so many reasons. First, the laws surrounding debt collections in the State of Massachusetts are anything but easy. These complicated debt collections laws are one of the reasons why debtors sometimes get out of paying their debts scot-free, mainly because of creditors not hiring experienced debt collection attorneys for the job, and instead going with a debt collection agency, which has no authority to go to court to get back a creditor’s payments or if need be, drag your debtor to court for the payment.

Another reason why you need an experienced attorney who has expertise in Massachusetts debt collection is because proper procedures have to be followed when it comes to summons. For instance, if the court finds that the summons has not be served properly and in accordance with the law, the debtor could find a way to use that against you to save them from having to pay a judgement debt. Hiring the experienced debt collection attorneys from the Law Offices of Alan M. Cohen LLC helps ensures that all summons from the court have been served properly.

We have over three decades of experience in dealing with delinquent debt and judgement payments in Massachusetts and know exactly what is needed to increase your chances of getting a judgement payment. Once you hire the professionals at the Law Offices of Alan M. Cohen LLC you can rest assured that you are going to get a proactive and aggressive debt collection attorney who is going to be by your side every step of the way. Our decades of experience in the field of debt collection means we know where to look for the debtor’s assets. No matter where they’re hidden, if they exist, we are going to find those assets so that you can get paid. We will not just work to try to win a judgement, we will also seek where appropriate to garnish wages and income and attach and if necessary sell the debtor’s land and/or personal property which will then be used to pay back their debt. At the Law Offices of Alan M. Cohen LLC, we have built a reputation for having a way of persuading stubborn debtors to make their payments.

SKIP TRACING

We work with several avenues to try to skip trace your debtors.  Before you think that this is something against the law, let us tell you that skip tracing is a ‘Legal’ process of tracking down debtors for the collection of accounts receivables. Skip-tracing is used by debt collection attorneys to locate those debtors whose contact information is inaccurate, whether they’ve changed addresses or have hightailed from their previous residence just to avoid their payments. If you have an incorrect phone number of your debtor. Put it back in your pocket, because at the Law Offices of Alan M. Cohen LLC, we don’t waste time making calls and writing letters, we will work hard to locate your debtor so that we can sue them and attempt to get you paid as soon as possible. SUPPLEMENTARY PROCESS

Unfortunately, if the debtor made no efforts of repaying their debt before, chances are, they are not going to make the effort to pay their debts even after the creditor has won a judgement. In the State of Massachusetts, a Supplementary Process is an inexpensive legal procedure in which the debtor is forced to appear in court for an asset examination. However, if the debtor fails to appear in court for this examination and comply with the payment order that has been issued by the court, the court can then issue a ‘Capias’ or bench warrant against the debtor which will be enforced by the Sheriff’s office. Whenever a capias is issued by the court, it needs to be taken very seriously by the stubborn debtor. 

CAPIAS

For those who are unclear of what the issue of a Capias or Bench Warrant means for a debtor in the State of Massachusetts, here’s a quick breakdown;

Once the Capias has been issued by the court in Massachusetts, it is sent to the sheriff to arrest the debtor to bring them into court. Once the debtor has been contacted by the deputy sheriff, the debt collection attorney who was responsible for obtaining the judgement will be informed by the deputy sheriff’s office regarding the date and time on which the capias will be heard in court.   Once at the court, the debtor is examined first informally and if need be formally from the witness stand.

BOTTOM LINE

When it comes to dealing with a debtor that just won’t pay, there is no need to take any chances. Even if you think you’ve got all your ducks in a row and think you can go at it alone, the law regarding debt collection in Massachusetts can be tricky, which is why you are going to need the help of an experienced and aggressive debt collection attorney. You a need the years of expertise of Attorney Alan M. Cohen by your side!

To find out more about how we can help you, fell free to contact the Law Offices of Alan M. Cohen LLC today at (508) 620-6900 or email us at acohen@collections-law.com.

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