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.
If your debtor owns a cash business, we may seek a “keeper attachment.” This authorizes the sheriff to seize all cash – although not checks or credit card charges — from the debtor’s business as it comes in. The remedy can be effective, although it is costly to have the sheriff’s sit by the register.
Can we obtain a keeper attachment without notice to the defendant?
Although some courts allow the keeper attachment prejudgment without notice, most are reluctant to do so. The pendulum swings more in a creditor’s favor post judgment, though. Freezing assets before judgment is a powerful tool, and keeper attachments are more powerful than most. As a result, it is harder to get the attachment without giving notice to your debtor. However. If we can show your debtor is likely to move the money to avoid payment, a court may allow the keeper attachment “ex parte’ or without notice.
At the Law Offices of Alan M. Cohen & Associates LLC, we focus our practice primarily on business debt collection, and we have over 50 years of experience. We don’t dabble in debt collection. Your case will not be the first time we’ve argued for an ex parte attachment. This is what we do, and we do it aggressively, ethically and relentlessly.
Does freezing the debtor’s cash mean we get to keep it?
Only if we win a court judgment on your behalf and take the necessary steps before other creditors do. Unfortunately, your debtor may also owe lots of other companies money. It’s essential to take action as soon as you realize you’re not going to get paid.
What if our debtor doesn’t own a cash business?
There are other pre-judgment remedies available such as freezing freeze bank accounts, seizing personal property and real estate and enjoining dissipation of accounts receivable , to name but a few..
To find out how the Law Offices of Alan M. Cohen & Associates LLC can fight to get you paid, call 508-763-6604 or use our online form to schedule an appointment.