Collections Law

NOVEMBER 13, 2024

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.

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Collections Law

OCTOBER 23, 2024

When properly filed and executed, a deputy sheriff will seize and sell the debtor’s assets, with the proceeds of the sale going to satisfy the debtor’s judgment in favor of the creditor. Contempt of court If the debtor fails to comply with the court’s orders, filing a motion for contempt can compel compliance.

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FFGN COLLECT NY

AUGUST 11, 2021

When the usual steps, such as levying the debtor’s bank account and garnishing the debtor’s wages, result in little success recovering monies owed , the judgment may seem uncollectible. How to Enforce a Judgment Through Estate Distribution. Once satisfied, funds may be distributed to the judgment debtor.

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CICM

SEPTEMBER 3, 2021

The first lockdown saw a moratorium on all residential judgment enforcement and landlord action. When enforcement restarted in August 2020, the Government, Public Health England and the High Court Enforcement Officers Association (HCEOA), placed additional requirements, as part of the return to enforcement strategy.

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FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Collections Law

JULY 25, 2024

A bank attachment is a powerful post-judgment collection tool. Once a creditor has a judgment against a debtor, under Massachusetts law, they can ask the court to seize funds directly from a debtor’s bank account. Bank attachment: A bank attachment directly targets the debtor’s bank account.

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FFGN COLLECT NY

JULY 13, 2021

If so, you will need to know how to collect on a judgment so it can get you paid. Article 52 of New York State Civil Practice Law and Rules authorizes judgment enforcement in New York. Within the statute, New York gives creditors liberal rights and remedies to collect their judgment largely without court intervention.

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FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. Lien on Property.

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Collections Law

JUNE 20, 2024

Cohen & Associates LLC, our commercial collections 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. How long do you have to collect on your judgment? At the Law Offices of Alan M.

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FFGN COLLECT NY

JUNE 17, 2022

If you are wondering whether there is a time constraint from exemplification to domesticate a judgment in NY, read on to learn more about the process. Assume a creditor sued the debtor in California and the debtor appeared in the action to defend the allegations in the lawsuit. The process is straightforward.

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Collections Law

JANUARY 7, 2021

If you are an out-of-state business dealing with a delinquent debtor in the Commonwealth of Massachusetts, it’s a much more straightforward process than you might think to domesticate your judgment. However, it is still an uphill battle to have such a judgment enforced. Attachment of Assets. Reach and Apply Injunctions.

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Collections Law

NOVEMBER 9, 2020

Under this act, we now have two different methods of domesticating your judgment in Massachusetts: domestication by registration or domestication through litigation. Obtaining a Massachusetts judgment is a straightforward process under the Uniform Enforcement of Foreign Judgments Act, and one that the Law Offices of Alan M.

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Collections Law

JULY 31, 2020

Even when the court successfully rules in your favor, you are not guaranteed timely payment of either a Massachusetts judgment or a foreign judgment. Debtors can come up with a variety of excuses to refuse or delay payments for long periods of time. At the Law Offices of Alan M. At the Law Offices of Alan M.

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Financial Forensic Services

SEPTEMBER 19, 2021

History of the Judgment Enforcement Problem. 80 percent of the civil money judgments in the United States are never collected. The judgment debtor is free to walk out of court (if having bothered to show up) and go about life as the debtor sees fit. Dickerson, CFE. This begs the question: Why?

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FFGN COLLECT NY

MAY 24, 2021

Normally, if a person owns a corporation and a judgment is entered against that corporation for an outstanding debt, the only assets at risk of judgment enforcement are those of the corporation. Presumably, the creditor would sue both the corporation and the guarantor or owner at the same time.

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Collection Industry News

SEPTEMBER 8, 2020

Debt collection means requiring debtors to pay creditors outstanding due or overdue amount or property as obligated by a contract or by a decision of a competent State’s authority. Creditors must have a legal basis and a set of evidence debt payment demand. Entities are performing debt collection activities. of these people.

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FFGN COLLECT NY

MARCH 10, 2023

If the debtor has not paid the invoice or account balance, the creditor may send a demand letter requesting payment, send an email, fax, phone call or, if preferred, just file for mediation, arbitration, or a lawsuit straight away, as outlines the underlying agreement.

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FFGN COLLECT NY

SEPTEMBER 22, 2021

Best practices would generally infer that judgment enforcement differs based on the creditor’s industry, but that’s not the case. Best practices to enforce a judgment differ based on the judgment debtor’s location, industry, and more. Past that, the strategy differs. The Preliminary Review.

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FFGN COLLECT NY

JULY 23, 2020

The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment. Both include notice to the judgment creditor or the entity or person the judgment was assigned to. There are two ways to file a motion with the Court. Notice or Not? How to Choose.

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Collections Law

NOVEMBER 9, 2020

Under this act, we now have two different methods of domesticating your judgment in Massachusetts: domestication by registration or domestication through litigation. We file your judgment with the court clerk, who will then give notice to your debtor. Cohen LLC has experience with. What Kinds of Collection Methods Can Be Used?

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Collections Law

FEBRUARY 12, 2021

As a business owner, knowing the appropriate action that you can take to deal with out of state delinquent debtors is essential to the bottom line. The registration approach requires an exemplified copy of your out-of-state judgment, as well as an affidavit. Then, a court clerk gives your debtor 30 days to dispute the judgment.

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Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act.

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Collections Law

AUGUST 11, 2020

Cohen LLC, you don’t have to suffer from the stress and frustration that comes with the legwork involved in following up with debtors. You also don’t have to sit helplessly in the face of bad debts when your debtor fails to make payments. We Domesticate Foreign Judgments in Massachusetts. With us, the Law Offices of Alan M.

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FFGN COLLECT NY

DECEMBER 9, 2020

The media has brought attention to debt collection firms that have failed to deliver proper notice of debt collection actions to debtors. The result of these investigations highlights the judgments entered without cause and disciplinary actions against the firms for failing to deliver solid service of the court documents.

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Consumer Financial Services Law

DECEMBER 29, 2016

I was one of four attorney members of the National Creditors Bar Association in attendance. Lastly, all groups encouraged the Bureau to publish the rules for creditors at the same time as the rules for the third party collectors. We were joined by representatives from the American Collectors Association and the Debt Buyers Association.

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Collections Law

JULY 1, 2020

You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. A debtor who is unwilling to pay has to be pursued much more aggressively, and our diligent debt collection attorneys have the skills and knowledge to make this happen. Why Hire a Collections Attorney?

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Collections Law

SEPTEMBER 24, 2020

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. What About Out-of-State Creditors? Is your business owed money? The Law Offices of Alan M.

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Collections Law

SEPTEMBER 24, 2020

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. What About Out-of-State Creditors? Is your business owed money? The Law Offices of Alan M.

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FDCPA Defense

MARCH 23, 2015

Judgment Enforcement Law Firm, PLLC , 2014 WL 1744268, **3-4 (W.D. 30, 2014) (section 1692f(8) violated by use of name “Judgment Enforcement Law Firm” on envelope); Rutyna v. Courts have held that collectors may violate section 1692f(8) simply by placing their own name on the envelope. See, e.g., Keasey v. 980, 982 (N.D.

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FFGN COLLECT NY

MARCH 25, 2024

A judgment creditor is not limited to taking execution one step at a time. The creditor can execute in a variety of ways at the same time. An easy way to enforce a judgment in New York is to restrain bank accounts. A judgment creditor would issue a restraining notice to the bank.

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