CICM

SEPTEMBER 3, 2021

Some of the changes in the pandemic for credit management and enforcement were temporary and have started to fall away, but others remain, making the enforcement landscape indelibly altered. The first lockdown saw a moratorium on all residential judgment enforcement and landlord action. New normal for creditors.

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FFGN COLLECT NY

AUGUST 12, 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. 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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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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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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Financial Forensic Services

SEPTEMBER 19, 2021

TO GET YOUR JUDGMENT ENFORCED EFFICIENTLY. You must take the responsibility as the owner of the judgment, to see that either you or your trusted consultant and advisor, take charge and ensure that the right team of judgment enforcement experts are on the team and managed properly. ROW YOUR OWN CANOE.

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FFGN COLLECT NY

JULY 13, 2021

Is your New York judgment valid? 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. Once the judgment is entered, you must provide the requisite notice of entry, if required.

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Collections Law

NOVEMBER 9, 2020

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. We file your judgment with the court clerk, who will then give notice to your debtor. Cohen LLC has experience with.

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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

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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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. Especially, at the stage of judgment execution, debtors must have assets to obey the Court’s judgement. of these people. of these people.

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FFGN COLLECT NY

JUNE 24, 2022

Recently, the New York Senate approved Senate Bill S6522A, introduced in May 2021, which provides an exception to some of New York’s judgment enforcement tools. The exceptions sought would apply to money judgments obtained by most medical providers. Lien on Property. Medical providers would lose this remedy to collect.

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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. In this instance, we found six cases filed against the debtor.

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Collections Law

NOVEMBER 9, 2020

How We Can File Foreign Judgments for Domestication By Registration 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. We file your judgment with the court clerk, who will then give notice to your debtor.

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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 judgment is unsatisfied in whole or in part.

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Collections Law

MAY 7, 2021

Winning your case in court is often the easy part of the legal debt collection process; it’s collecting your payment post-judgment where things get challenging and require a bit of strategy. Another process we use to learn about your debtor’s assets is supplementary process. When that does not happen, we pursue collateral approaches.

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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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FFGN COLLECT NY

JULY 23, 2020

The first method, referred to as a special application, involves requesting a temporary restraining order (TRO) asking the judgment creditor to stay or cease (at least temporarily) any efforts to enforce the judgment. A special application to vacate the judgment will be decided very quickly.

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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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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

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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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. The creditor could sue both the corporate debtor and the owner as alter ego of one another.

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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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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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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. While these deadlines seem generous at face value, the sooner you secure a judgment, the more likely you are to get paid.

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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. Notice will be provided to your debtor.

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Consumer Financial Services Law

DECEMBER 29, 2016

Such advice would violate the Rules of Professional Conduct, since the attorney for the creditor may not also provide legal advice to the debtor. He concentrates his practice in creditors' rights with an emphasis on debt collection, judgment enforcement, and commercial litigation.

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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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FFGN COLLECT NY

JUNE 3, 2020

Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgment enforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach. The funds, although earmarked for payroll, were not exempt.

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Collections Law

AUGUST 21, 2024

Debt collection can escalate quickly when a debtor refuses to pay. In a prejudgment attachment, Massachusetts law allows you to seize property prior to a judgment, as a means of securing payment on that judgment if the court finds that your debtor owes you money. This includes seizing and selling the debtor’s property.

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FFGN COLLECT NY

SEPTEMBER 23, 2022

Attempts to restrain bank accounts or seize other assets within the state, require a separate action: a new distinct lawsuit against the bank or other institutions where you believe the debtor has assets. New York is one of the most liberal states when it comes to judgment enforcement.

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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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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. Is your business owed money? The faster you move collecting commercial debt, the higher your chances of success.

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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. Is your business owed money? The faster you move collecting commercial debt, the higher your chances of success.

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FFGN COLLECT NY

NOVEMBER 9, 2023

Thinking about domesticating your out-of-state judgment in New York? If the out-of-state judgment was obtained on default, you may be concerned that moving to domesticate the judgment will lead the debtor to attempt to claim affirmative defenses.

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Collections Law

OCTOBER 23, 2024

Property liens to satisfy a judgment Placing a lien on the debtor’s property can be an effective way to secure payment and is authorized under Massachusetts laws. A lien prevents a debtor from selling off their real estate and property, or even refinancing it, without first paying the debt that is owed to you.

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FFGN COLLECT NY

MARCH 25, 2024

Turnover of the funds, restrained or frozen, depends upon whether the judgment debtor is the sole owner of the account, the balance in the account, and the source of the funds. The sheriff or marshal will not enter a private home to seize assets belonging to an individual judgment debtor.

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