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Collecting on a debt through a real estate attachment

Collections Law

If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. The truth is, you have many tools available to you under Massachusetts law. The experienced commercial collections attorneys at the Law Offices of Alan M.

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Can I collect against a Massachusetts debtor if I’m from out of state?

Collections Law

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.

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Personal Guarantees in Commercial Collection: How Helpful Are They?

The McHughes Law Firm

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]. The post Personal Guarantees in Commercial Collection: How Helpful Are They? appeared first on McHughes Law Firm.

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

Repossession efforts may be lawful, provided the debtor does not object, and the collateral is taken from unenclosed parts of the debtor’s property, such as the driveway. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.

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5 tips for collecting on delinquent accounts

Collections Law

Though you always hope your customers will pay their bills on time, delinquent debtors are an unfortunate but normal part of doing business. At Law Offices of Alan M. Cohen LLC, our experienced commercial collection attorneys have been helping businesses recover debt since 1994. The attorneys at Law Offices of Alan M.

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How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

Florida courts have established a two-part test to determine if a secured creditor “breached the peace” within the meaning of Section 679.609(2)(b) of the Florida Statutes: “(1) whether there was entry by the creditor upon the debtor’s premises; and (2) whether the debtor or one acting on his behalf consented to the entry and repossession.”

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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

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. The post SBA Loans: How to Maximize Recovery by Liquidating Real Property appeared first on Jimerson Birr Law Firm.

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