Collections Law

DECEMBER 27, 2024

Watching your debtor continue business as usual while they owe you money can be incredibly frustrating. You have a judgment in hand, yet your debtor seems unfazed, conducting transactions and collecting payments without a second thought to what they owe you. Its enough to make any business owner in Massachusetts feel powerless.

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Account Recovery

DECEMBER 30, 2024

Gretchen Whitmer, introduces substantial changes to how creditors can collect debts and what assets debtors can protect. Supporters, including Representative Kara Hope, argue these updates are necessary to prevent financial devastation while allowing debtors to maintain basic living standards and continue paying their daily expenses.

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Account Recovery

FEBRUARY 18, 2022

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER CALLS TO DEBTOR’S WIFE A District Court judge in Illinois has granted a defendant’s motion for summary judgment and denied a similar motion from a plaintiff in a Fair Debt Collection Practices Act case, ruling that 12 calls placed during a three-week period does not rise … The post Daily (..)

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Nexa Collect

NOVEMBER 1, 2021

Individuals can be legally forced to pay their debts with their cryptocurrency, but the creditor must have a judgment which states that the debtor is obligated to pay off the debt, including any cryptocurrency they own. Knowing whether or not the debtor owns crypto like bitcoin is of course a challenge.

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FFGN COLLECT NY

MARCH 18, 2025

Looking to execute on a judgment but need more information about the judgment debtors assets to collect? If so, you might consider a debtors exam. A debtors exam provides an opportunity for the creditor to question the judgment debtor and discover information related to the defendants assets.

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FFGN COLLECT NY

OCTOBER 20, 2021

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. What If Funds Exempt From Judgment Enforcement Are Held?

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Collections Law

APRIL 23, 2024

Winning a judgment from the court might feel like a victory, but getting paid might be a whole new battle that you and your company were not expecting. Our tenacious commercial collections attorneys are relentless and aggressive when it comes to collecting money and enforcing judgments t to get our clients get paid.

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Account Recovery

DECEMBER 30, 2024

A pro se consumer had managed to get a 3-judge panel of the Court of Appeals to reverse (in a 2-1 decision) lower court rulings finding that PRA had established its standing to sue and its ownership of the debtors account in the underlying collection action, and judgment in its favor on the debt.

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Collections Law

JULY 28, 2023

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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FFGN COLLECT NY

NOVEMBER 4, 2021

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment.

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FFGN COLLECT NY

MARCH 6, 2025

By signing the agreement, the debtor agrees to be responsible for the attorney’s fees. That is because, unless the creditor and debtor engage in protracted litigation, you, the creditor, will not recover the full amount of the out-of-pocket attorney’s fees. The judgment is entered by the county clerk.

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Collections Law

DECEMBER 15, 2023

The judge declared that the debt owed to you is legitimate and you have a judgment against your debtor. Anyone who has any experience with debt collection will tell you that getting a court judgment is only the first step. Once you win a judgment from the court, the next step is to get a writ of execution. But now what?

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Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Very often your initial attorney who obviously excels at winning the case for you does not know the ins and outs of debt recovery or post-judgment collection. But it rarely is that easy. Bank and Real Estate Attachments.

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Jimerson Firm

AUGUST 12, 2021

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. Guild of America, Inc.,

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FFGN COLLECT NY

MARCH 8, 2024

Looking to domesticate an out-of-state default judgment in New York? If so, then you will need to know the judgment debtor’s address in order to serve them as per New York state rules. Service is necessary in order to domesticate a judgment in New York. New York does not recognize out-of-state default judgments.

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Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.501, Fla. 55.505, Fla.

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Collections Law

JULY 6, 2021

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. Filing of Judgments. Once your foreign judgment is domesticated by registration and enforced, the Law Offices of Alan M.

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Collections Law

MAY 2, 2024

Do you have an out-of-state judgment? Does your debtor have assets in Massachusetts? In the case of foreign judgments states are required to honor and recognize judgments those judgments by virtue of the U.S. What is a foreign judgment? What steps do you need to take to file your judgment in Massachusetts?

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FFGN COLLECT NY

AUGUST 12, 2021

If you have a judgment against a person who owes you a sizable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. However, if the debtor is a beneficiary of a deceased New Yorker’s estate, you may be able to enforce the judgment through estate distribution.

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Nexa Collect

JANUARY 12, 2022

Times have changed when collectors could easily put aggressive pressure on debtors or use forceful tactics to recover your money, without any repercussions. Thanks to the internet, debtors are very well aware of their rights today. Such attorneys get a cut from the fine paid to your debtor for violations.

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Collections Law

OCTOBER 5, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. Cohen & Associates LLC, we regularly counsel out-of-state clients on debt collection from their debtors who have assets in Massachusetts. After 30 days, the judgment is executed in Massachusetts.

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FFGN COLLECT NY

NOVEMBER 17, 2024

Judgments were immediately entered upon default due to confessions of judgment executed by the guarantors and debtor companies. A few years ago, New York changed the law stopping judgments based upon confessions of judgment executed outside of New York state. We will have to wait and see.

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FFGN COLLECT NY

MARCH 25, 2024

At the time of the interview, Press had indicated that it may not be possible for the former President to bond the State’s almost Five Hundred-Million-dollar ($500,000,000.00) judgment. If the bond cannot be posted and execution of the judgment is not stayed, the judgment can be enforced here in New York and elsewhere.

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FFGN COLLECT NY

OCTOBER 15, 2024

Liability does not transfer to another person unless there is a co-debtor, a personal guarantor, or someone else liable for the debt by operation of law (i.e., Death After Judgment You cannot execute on a judgment entered against an individual who has died. Here’s why. spouse, parent, or guardian).

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Collections Law

DECEMBER 6, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. Cohen & Associates LLC, we regularly counsel out-of-state clients on debt collection from their debtors who have assets in Massachusetts. After 30 days, the judgment is executed in Massachusetts.

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Collections Law

JULY 25, 2023

We seek to freeze a debtor’s assets prior to obtaining a judgment so that there is an identifiable resource from which to get you paid. Once you get that judgment, we seek leave of the court to direct the person or entity which is holding the debtor’s seized assets to pay you. Cohen & Associates LLC.

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FFGN COLLECT NY

APRIL 23, 2024

New York debt collection laws allow judgment creditors many ways to collect from debtors. One option available is to take over or “charge” a judgment debtor’s interest in an LLC or limited liability company. NY Civil Practice Law and Rules Article 52 is the go-to statute for judgment enforcement in New York.

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Collections Law

FEBRUARY 2, 2024

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. Cohen & Associates LLC know that debtors will sometimes go to great lengths to avoid paying their debts. Obtaining a judgment whether procedurally or at trial.

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Collections Law

JULY 25, 2024

With a thorough understanding of the idiosyncrasies of Massachusetts collections laws, they can lend their extensive knowledge to your company’s outstanding debts with post-judgment collection strategies, like bank attachments. A bank attachment is a powerful post-judgment collection tool. What is a bank attachment?

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Collections Law

SEPTEMBER 24, 2021

If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. If your debtor owns real estate in Massachusetts, a real estate attachment could be just the tool you need. Real estate attachments are a type of pre-judgment attachment. How does a real estate attachment work?

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Account Recovery

JANUARY 13, 2025

In the meantime, now is a good time to revisit and update your policies and procedures related to debtor workplace communications.

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FFGN COLLECT NY

SEPTEMBER 22, 2021

A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement differs based on the creditor’s industry, but that’s not the case. There are limits when it comes to searching for individual consumer debtors through social media.

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Collections Law

DECEMBER 2, 2024

One such challenge is when a debtor claims not to have the funds to pay their unpaid debts. If you are dealing with a suspicious debtor, our ethical commercial collections attorneys are relentless about pursuing unpaid debts. It is important to be able to identify when a debtor may be participating in a fraudulent conveyance.

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FFGN COLLECT NY

MAY 18, 2022

Can you use a judgment to restrain a bank account or other assets maintained by a judgment debtor outside of New York state? When it comes to out-of-state debtors, restraining a bank account is possible, but depends on certain factors. A New York creditor files suit in New York against a California debtor.

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Collections Law

JANUARY 10, 2024

Securing a judgment for a debt and actually getting paid are two different things. However, if your debtor owns property in Massachusetts, your company has an edge on collecting the money that is owed to you. A real estate attachment is a pre-judgment attachment. At Law Offices of Alan M. What is a real estate attachment?

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Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. If your debtor hasn’t declared bankruptcy, there are several ways we can use to try to get you paid, even if you don’t have collateral or a court judgment yet. Since your debtor isn’t in bankruptcy, we can pursue the debt aggressively.

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PBWT

JANUARY 15, 2021

In both cases, the “agreements or transactions” must be “with the debtor or any other entity.” In March 2020, the defendants filed a motion for summary judgment on the ground that the Trustee’s claims were barred by section 546(e). ” Id.

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