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When you are pursuing a commercial collections lawsuit against a business debtor, it is easy to assume that payment is just around the corner. They allow you to secure assets of the debtor before the court issues a judgment. This means that before your debtor can sell or refinance property, your debt will have to be paid first.
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. Our collection lawyers are available for consultation appointments.
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.
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.
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.
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?
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.
Do you have an out-of-state judgment? Does your debtor have assets in Massachusetts? Our relentless and aggressive commercial collection lawyers at Law Offices of Alan M. In the case of foreign judgments states are required to honor and recognize judgments those judgments by virtue of the U.S. Constitution.
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. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M.
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?
Cohen & Associates LLC, our commercial collections lawyers have more than 50 years of combined experience. Using methods available under state and federal laws, our ethical debt collection lawyers fight to get you paid, and they do so relentlessly and aggressively. At Law Offices of Alan M.
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?
How do you get paid when you’ve won your New York debt collection case and have a money judgment? Your debt collection lawyer may recommend involving the marshal to help collect. The city marshal will levy the debtor’s commercial property, bank accounts, and other assets. Would a Marshal’s Sale Satisfy Your Judgment?
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.
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.
Trying to collect on your foreign judgment can sometimes appear a futile effort with unfamiliar road blocks seeming to protect the judgmentdebtors. Cohen LLC apart from other collections lawyers is how we work with our clients. The Law Offices of Alan M. Cohen LLC does just that. What sets The Law Offices of Alan M.
If you have a judgment against a Massachusetts commercial debtor, it may surprise you to learn that the courts don’t unilaterally enforce judgments. It’s even more maddening when your debtor continues to operate, paying bills, ordering new things, and collecting on the debts owed to them. Can I go after that money?
In the United States, each state’s courts are bound to respect the judgments of other states’ courts, with limited exceptions. If you have obtained a judgment in your state only to learn the debtor no longer has any assets there, you can look to assets they have in other states, such as Massachusetts. Can you help?
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. Finding Your Debtor’s Assets. The first step in this process is determining which of your debtor’s assets can be seized to get you paid.
When we win your case, collecting the judgment may be made easier if monies were previously frozen by way of an ex parte bank or trustee attachment. The ex parte bank attachment is also a powerful tool our collections lawyers use to collect post judgment. The second is through what is called a special attachment motion.
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. Cohen LLC domesticate and enforce foreign judgments for clients outside Massachusetts. Domesticating Your Judgment. Cohen LLC use both techniques (although not at the same time!!)
With the help of an experienced collections attorney, serving legal papers on a debtor can be the first step to collecting the money you’re owed. Process service is often the first step in notifying a debtor that a legal action has been filed in court. Provides Legal Confirmation That a Debtor Received Notice of a Lawsuit.
Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. The debtor did not pay.
Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. How We Can File Foreign Judgments for Domestication By Registration. Cohen LLC has experience with. Registration vs. Litigation.
Sometimes the first spots are debt collection agencies and lawyers with savvy marketing skills or those who purchased keywords or ad space — none of which reflect a debt collector’s ability to collect within the state. The best way to find a debt collection lawyer often varies.
Whether you operate in or outside Massachusetts, if your customer to whom you had provided goods or rendered services on credit is located in Massachusetts and is not paying off your debt, then get in touch with our experienced and aggressive debt collection lawyer, Alan M. We Domesticate Foreign Judgments in Massachusetts.
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. Not Just Domestication — Enforcement, Too.
You would think that winning a judgment in your debt collection case would be the end of your legal ordeal. Just because a court has decided that your debtor does indeed owe you money, does not always mean that your debtor is actually going to pay the money they owe you. Winning a judgment doesn’t always equal payment.
Step 1: Your lawyer will send a formal demand letter to your debtor (‘la mise en demeure’). Your debt collection case begins from the moment your debtor receives this formal demand letter and is properly notified of your intent to take legal action. Step 3: Your lawyer will file for an Interim Injunction Order from the Courts.
In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment. Two Methods for Vacating a Default Judgment.
While it is highly recommended to select your options quickly and wisely to ensure timely collections, you should consider consulting with a debt collection agency before taking court action against your debtors. They will help you obtain a court-ordered judgment against your debtor to pay the money along with the interest.
Cohen LLC is the answer to one of the most challenging aspects of running a business — tracking down delinquent debtors who refuse to pay. Debtors will try any way they possibly can to retain higher valued items and shield those assets from a possible litigation. The How’s and Why’s of Garnishments.
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. After all a judgment is just a judgment.
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.
When calling a New York debt collection lawyer for help pursuing or defending a judgment obtained in New York or elsewhere, one of the top questions asked is whether the judgment was obtained on the merits or on default. What Is a Default Judgment? What Is a Judgment Obtained on the Merits?
Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. We file your judgment with the court clerk, who will then give notice to your debtor. Cohen LLC has experience with.
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. After all a judgment is just a judgment.
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. The United States Constitution requires states to honor judgments of other states as decided by their courts.
Debt collection can escalate quickly when a debtor refuses to pay. Cohen & Associates LLC, our experienced and innovative commercial collections attorneys don’t wait until we have a judgment to try to secure your unpaid debt. Sometimes, just having the sheriff show up is enough to motivate a debtor to pay.
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. The United States Constitution requires states to honor judgments of other states as decided by their courts.
Those guys only have the power to annoy your debtor with unceasing phone calls and letters. Don’t hire a run-of-the-mill lawyer who will charge you to send letters that you’ve already sent. Battle tactics Before there is even a judgment against the debtor, we lay the groundwork for a successful collection. You get paid.
Did you know that collection agencies can’t force business debtors to pay? They can only contact the debtor again and again in an effort to persuade them to pay. Even worse, it may persuade the debtor to move the money out of your reach. Only a lawyer can do what is necessary to force payment. Worse, it doesn’t work.
Cohen LLC is the answer to one of the most challenging aspects of running a business — tracking down delinquent debtors who refuse to pay. Debtors will try any way they possibly can to retain higher valued items and shield those assets from a possible litigation. They explore all avenues to get you paid.
What can debtor collectors do to you under the FDCPA: Contact other people to find out where you live, your current telephone number, or where you work, but they can’t contact anyone more than once or tell anyone you owe a debt. Under the UCCC, consumers can take legal action against debtors. Repeatedly call you.
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