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.
At Law Offices of Alan M. Cohen & Associates LLC, our experienced, relentless and innovative commercial debt collection attorneys have over 50 years of collective experience. Our attorneys regularly assist businesses of all sizes with their toughest delinquent accounts by using ethical, aggressive and relentless commercial debt collection strategies. One such strategy is the use of ex parte attachments.
What is an ex parte attachment?
An ex parte attachment is a legal remedy that allows a creditor to secure a debtor’s assets without prior notice to the debtor. In Massachusetts, a creditor can seek an attachment upon filing a lawsuit for a delinquent debt, prior to a judgment as well as after judgment in the case.
In an “ex parte” attachment, the court rules on the creditor’s application alone. The debtor is not provided notice and does not have an opportunity to contest at the initial hearing. The debtor does have the right with notice to contest the attachment subsequently.
Securing an ex parte attachment for a debt
In order to secure an ex parte attachment, a creditor must demonstrate that there is a reasonable likelihood of success on the merits of the claim. A creditor must also show that the debtor presents a potential risk of absconding with or concealing assets. If the court is convinced that there is a threat to a creditor’s potential recovery and that the creditor’s interests are at risk, it may grant the attachment.
Once approved, the attachment acts as a lien on the debtor’s property, effectively preventing the sale, transfer, or concealment of assets. It can apply to various types of property, including without limitation real estate, personal property, bank accounts, and receivables.
Going beyond the judgment to get paid
Once you have a judgment, that is not the end of the effort. After all a judgment is just a judgment. Our experienced commercial collections lawyers strategically utilize whatever methods are allowed under state and federal laws to not just secure a judgment, but also collect on that debt. We provide innovative legal representation to help our clients collect commercial debts.
Ex parte attachments are a powerful tool for creditors, particularly when there’s concern that a debtor may not satisfy a judgment voluntarily. By securing assets early in the litigation process, creditors can prevent the dissipation of assets and improve their chances of recovery.
Schedule a consultation today
An experienced commercial collection lawyer can make all the difference in your collection efforts. Our knowledgeable experienced attorneya can guide you through the intricacies of commercial debt collection law and help enforce your rights as a creditor.
To schedule an initial consultation, contact our office using our online form or give us a call at 508-763-6604. We look forward to telling you more about how we can help to protect your financial interests.