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

Jimerson Firm

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. Entry Upon the Debtor’s Premises. 679.609, Fla. 2d at 625 (Fla.

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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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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]. Therefore, when drafting a personal guarantee, a creditor should specify that the guarantee is one of payment. 2-725 (1) ).

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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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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How Aggressive Collections Attorneys Can Aid in Massachusetts Debt Recovery

Collections Law

You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. At the end of the day, a collection agency will collect only low-hanging fruit and tell you that there is nothing more that they can do to help you. Why Hire a Collections Attorney? The Law Offices of Alan M.