This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
You’ve gone through the trouble of obtaining a judgment against a debtor, yet here you are, now facing the frustration of having to find money to collect. The debtor seems to have vanished, taking their assets with them. If the debtor fails to appear, the court may issue a capias warrant, leading to their arrest.
If you run any sort of business, it is almost inevitable that someday, you will have to attempt to collect on an unpaid debt. Unpaid debts present numerous challenges for creditors. One such challenge is when a debtor claims not to have the funds to pay their unpaid debts. Is a debtor really out of cash?
Cohen & Associates LLC, our experienced commercial litigation attorneys focusing on commercialcollections practice aggressive, relentless and ethical debt collection tactics to help Massachusetts businesses and out of state creditors owed monies from Massachusetts debtorscollect their unpaid debts.
Unfortunately, many debtors do not readily pay up, even with a court order against them. As experienced commercialcollection attorneys at Law Offices of Alan M. Cohen LLC, we are often called on to assist with commercialcollection cases. Those methods often include seizing the debtor’s assets.
Cohen & Associates LLC, our commercialcollections lawyers have more than 50 years of combined experience. They have dedicated their practice to collectingcommercial debts in Massachusetts. Uniform Commercial Code (UCC) – MGL c.106: At Law Offices of Alan M. At the Law Offices of Alan M.
It may be time to consider hiring a commercialcollection agency. We’ve spent a lot of time on this blog discussing: Turning debt over to a collection agency Choosing the right collection agency for your business Innovative steps for protecting your business now and in the future. What is a CommercialCollection Agency?
In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. Entry Upon the Debtor’s Premises. 679.609, Fla. 2d at 625 (Fla.
Cohen & Associates LLC, our Massachusetts commercialcollections attorneys have over 50 years of experience in aggressive, relentless, effective and commercial debt collection including but not limited to judgment enforcement and domestication. At Law Offices of Alan M.
Aggressive and Relentless Collection Tactics Legal tactics that can result in payment can include: Bank attachments. A trustee attachment is a legal tactic allowing a creditor to freeze monies in non-exempt bank accounts. As the name provides, this tactic gives the creditor a security interest in the debtor’s real estate.
If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. The experienced commercialcollections attorneys at the Law Offices of Alan M. If your debtor owns real estate in Massachusetts, a real estate attachment could be just the tool you need.
By taking preemptive measures, you can set a solid foundation that will help you get paid, even if a creditor becomes delinquent. Our commercialcollections litigation attorneys at Law Offices of Alan M. When it comes to commercialcollections, our litigators are relentless and aggressive, but ethical.
Cohen & Associates LLC, our commercialcollections attorneys have more than 50 years of combined experience. We exclusively practice aggressive and relentless, yet ethical debt collection. Stage 2: Nudging the debtor When an invoice goes unpaid, it’s time for reminder notices. At Law Offices of Alan M.
Cohen LLC, our attorneys have nearly 50 years of combined legal experience peeling back the layers of a company’s transactions to find fraudulent conveyances that reveal a debtor’s hidden assets. On paper, it may appear that the debtor no longer owns that property, but in reality, they still control it.
When you win your judgment case against a debtor who has not paid, you may not want to celebrate just yet. You must still collect your money, which is often easier said than done. The debtor could be a natural person, an officer or partner of a business, or the trustee of a trust. At Law Offices of Alan M.
This is often done in an effort to put their money out of reach from rightful creditors like you. We handle business and commercialcollections for companies of all sizes and in any industry. When a debtor claims they can’t pay, we know how to investigate the debtor and find out where the money went. Cohen LLC.
Filing your proof of claim Once you receive notice that your debtor has declared bankruptcy, you should review the paperwork and your status as a listed creditor. You should also have the chance to attend a meeting with the debtor to ask questions regarding the bankruptcy filing. What about preference actions?
This scenario can be frustrating to a debtor. Cohen & Associates LLC, our Massachusetts commercialcollections attorneys are respected for their aggressive and relentless ethical debt collection strategies and tactics. Unless the debtor can pierce the corporate veil. At Law Offices of Alan M.
If you owe or another business owes you, you are in good company because this article discusses the nitty-gritty of business debt collection laws. What are Business Debt Collection Laws? The business debt collection laws protect them. Like the Fair Debt Collection Practices Act, the U.S. The short answer to this is yes.
The process becomes even more problematic when your debtor is located in another state. Even if you do achieve a judgment in your own state, you have the added step of needing to domesticate the judgment in the debtor’s state. As an out-of-state creditor, you do have options for collecting a debt from a debtor in Massachusetts.
Unfortunately, when a company has experience as a debtor, sometimes, this has given them an opportunity to learn a few tricks to try and avoid collection efforts. Our collections attorneys at Law Offices of Alan M. Cohen & Associates LLC know that debtors will sometimes go to great lengths to avoid paying their debts.
Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.
Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M. Filing of Judgments.
Cohen & Associates LLC, our ethical commercialcollections attorneys are well-known for their aggressive, relentless and innovative debt collection tactics. A bank attachment is a powerful post-judgment collection tool. Bank attachment: A bank attachment directly targets the debtor’s bank account.
The Stevens-Lloyd Group has over 60 years of combined experience in the commercial debt collection arena. As a commercial debt recovery firm, we understand the urgency of recovering outstanding accounts receivables. However, if the debtor avoids communication or disappears, it is time to deploy a professional debt recovery firm.
Cohen & Associates LLC, our commercialcollections attorneys have more than 50 years of experience helping Massachusetts and out-of-state creditors seek judgments from their debtors and collect on unpaid debts. Our commercialcollections attorneys are aggressive and relentless.
A guarantee of payment is a far more effective tool , as it allows a creditor to proceed directly against the guarantor without the necessity of taking any action against the primary obligor [debtor]. Therefore, when drafting a personal guarantee, a creditor should specify that the guarantee is one of payment. 2-725 (1) ).
When a debtor is delinquent, one of the biggest concerns for creditors is that the debtor doesn’t have enough money to pay what they owe. Securing an ex parte attachment to obtain pre-judgment security as part of a collections lawsuit can help to alleviate these concerns. At Law Offices of Alan M.
When a debtor is delinquent, one of the biggest concerns for creditors is that the debtor doesn’t have enough money to pay what they owe. Securing an ex parte attachment to obtain pre-judgment security as part of a collections lawsuit can help to alleviate these concerns. At Law Offices of Alan M.
Attorneys do more than collection agencies Collection agencies will work on behalf of a creditor to collect debts owed to the creditor. They will typically charge a fee for their services or even take a percentage of the money collected. A commercialcollections attorney is held to higher standards.
The court can also order a deficiency judgment against the debtor—that is, a money judgment—to the extent the foreclosure sale does not produce sufficient funds to pay the debt owed to lender on the SBA loan. However, foreclosures (particularly contested foreclosures) can be expensive and less efficient than other liquidation methods.
What Do Commercial Debt Collection Agencies Do? Debt collection agencies are organizations that attempt to collect debt on behalf of other businesses. A commercial debt collector works exclusively with B2B creditors that need to collect past due payments from other businesses.
Such property will often then be sold by the sheriff and the funds returned to the creditor in fulfillment of the judgment. The sheriff can essentially put a bank garnishment into effect from the debtor company’s bank or seize property. In the United States, not all assets are liable to execution, however. Bank Levies.
5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors. 5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors.
We’ve heard from some debtors that checks are cut on a schedule. If the customer closed their office and left no assets, that may be the end of your debt collection claim right there. But does the fact that your customer is working from home affect the collection of your debt collection claim? It definitely can.
The receiver will also be required to post with the court a bond that is conditioned on the faithful discharge of the receiver’s duties, is issued by one or more sureties approved by the court, is in an amount specified by the court, and is effective as of the date of the receiver’s appointment. Make a distribution of receivership property.
Strict adherence to federal, state, and city laws is required to collect consumer debt in New York State. Commercial Debt: The consumer protection laws referenced above do not apply to commercialcollections. Other state rules apply with a lot of attention to the New York Uniform Commercial Code (UCC).
Gavin Newsom recently signed SB 1286 amending the Rosenthal Fair Debt Collection Practices Act’s coverage to certain commercial debt. Prior to this amendment, the RFDCPA’s restrictions applied only to certain debt collectors and creditorscollecting consumer debt. The amendments are effective Jan.
The faster you move collectingcommercial debt, the higher your chances of success. Many debtors try to hide from their obligations, especially if they owe monies to numerous parties. When dealing with shady and delinquent debtors such as these, it is crucial to have a quick and effective plan of action.
In most cases, some qualifications and credentials will be required to distinguish that you are working with a reputable collection agent. Reasons Businesses Hire Debt Collectors Most businesses that hire commercial debt collectors do so to pursue non-payment of invoices and outstanding balances.
The faster you move collectingcommercial debt, the higher your chances of success. Many debtors try to hide from their obligations, especially if they owe monies to numerous parties. When dealing with shady and delinquent debtors such as these, it is crucial to have a quick and effective plan of action.
Commercialcollection agencies like ours specialize in collecting on B2B debt. If your business is getting calls from a collection agency, you may wonder how this will affect your business credit. If you can’t pay everything on time, don’t just hide from your creditor.
You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. At the end of the day, a collection agency will collect only low-hanging fruit and tell you that there is nothing more that they can do to help you. Why Hire a Collections Attorney? The Law Offices of Alan M.
Are you struggling with debt collections from a debtor who seems to have no intention of paying you back? Even if it is won, a judgment is a mere piece of paper that can easily be ignored and rejected by the debtor. Even if it is won, a judgment is a mere piece of paper that can easily be ignored and rejected by the debtor.
Therefore, if the written guaranty limits the liability of the guarantor to a sum certain, unless otherwise set forth in the guaranty, the sum certain in the guaranty represents the guarantor’s aggregate liability and is not offset by the debtor’s payments to the creditor. Bryan, 384 So. 2d 1323, 1324 n.3
We organize all of the trending information in your field so you don't have to. Join 19,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content