Collections Law

DECEMBER 6, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. Cohen & Associates LLC, we regularly counsel out-of-state clients on debt collection from their debtors who have assets in Massachusetts. After 30 days, the judgment is executed in Massachusetts.

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Collections Law

OCTOBER 5, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. Cohen & Associates LLC, we regularly counsel out-of-state clients on debt collection from their debtors who have assets in Massachusetts. After 30 days, the judgment is executed in Massachusetts.

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Collections Law

JULY 28, 2023

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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Collections Law

JANUARY 10, 2024

Securing a judgment for a debt and actually getting paid are two different things. However, if your debtor owns property in Massachusetts, your company has an edge on collecting the money that is owed to you. A real estate attachment is a pre-judgment attachment. At Law Offices of Alan M. What is a real estate attachment?

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Collections Law

JULY 25, 2023

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. Cohen & Associates LLC.

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Collections Law

APRIL 9, 2021

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.

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FFGN COLLECT NY

OCTOBER 20, 2021

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. What If Funds Exempt From Judgment Enforcement Are Held?

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FFGN COLLECT NY

FEBRUARY 4, 2024

Domesticating an out-of-state judgment is easier in New York when the out-of-state court awarded the judgment “on the merits,” meaning the defendant appeared in the case. Filing an out-of-state default judgment—a judgment awarded when the defendant did not appear—is a bit more timely and challenging.

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Collections Law

NOVEMBER 10, 2023

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.

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Collections Law

AUGUST 9, 2023

In our experience in business-to-business collections, debtors frequently withhold payment even when creditors have obtained legal judgments against them. In Massachusetts, getting a legal judgment may be only the first step in a collections case. What if the court rules our debtor cannot pay? What can be done?

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Collections Law

JULY 6, 2021

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. Once your foreign judgment is domesticated by registration and enforced, the Law Offices of Alan M.

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FFGN COLLECT NY

AUGUST 12, 2021

If you have a judgment against a person who owes you a sizable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. 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

MARCH 25, 2024

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.

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Collections Law

JUNE 14, 2023

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?

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ABI

JANUARY 12, 2022

In In re Brinskele , a bankruptcy court in California held that a judgment lien against Edward A. Brinskele (“Spouse”) was enforceable against the real property of his wife, Rebecca Brown Brinskele (“Debtor”), where the Spouse quit-claimed his interest in that property to the Debtor after a judgment lien had been recorded. [1]

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Collections Law

MARCH 27, 2023

When you have a commercial debtor who won’t pay but stays in business, they’re using your money to stay afloat. Your debtor claims they cannot pay (“CANOPS”), but they’re still in operation. We may also seek a pre-judgment attachment on certain assets, without notice to the debtor. We called this “creditor financing.”

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Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. If your debtor hasn’t declared bankruptcy, there are several ways we can use to try to get you paid, even if you don’t have collateral or a court judgment yet. Since your debtor isn’t in bankruptcy, we can pursue the debt aggressively.

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Collections Law

DECEMBER 19, 2022

A foreign judgment is a judgment, decree, or court order outside of the Commonwealth of Massachusetts. Creditors can use certain legal tools to collect from deadbeat debtors, but the process requires following a complex legal process. How does a creditor collect on a foreign judgment? The first is by registration.

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Collections Law

MAY 29, 2023

You went to the trouble of getting a judgment against your delinquent debtor and now what? Luckily, Massachusetts law offers a way to follow the money after a judgment goes unpaid. Rule 69 discovery takes place at the end of the case when the judgment is entered by the court. They still won’t pay. What is discovery?

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Collections Law

APRIL 9, 2021

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.

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FFGN COLLECT NY

DECEMBER 12, 2023

Is there a law in NYC that protects consumers and debtors from debt collecting agencies, businesses, and their attorneys? Overview of NYC Law on Debt Collection Most people might not be aware of it, but New York has some of the strictest regulations and laws regarding debt collection and debtor protection.

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Collections Law

FEBRUARY 28, 2023

Some commercial debtors just won’t pay up even when they’ve lost in court. To turn that judgment into money, you need the experienced collection attorneys at The Law Offices of Alan M. Ordinary attorneys can’t get much further than getting you the judgment. Rule 65 injunctions prevent debtors from hiding assets.

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FFGN COLLECT NY

MAY 18, 2022

Can you use a judgment to restrain a bank account or other assets maintained by a judgment debtor outside of New York state? When it comes to out-of-state debtors, restraining a bank account is possible, but depends on certain factors. A New York creditor files suit in New York against a California debtor.

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FFGN COLLECT NY

MARCH 31, 2023

Whether the defenses raised by the debtor are valid or not, a debtor defending a debt collection case can delay collection. A debtor can buy themselves time just by filing an answer to the summons and complaint. The court granted a summary judgment to our client without the need to proceed to trial.

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Collections Law

APRIL 7, 2023

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?

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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. And, if so, which defenses can they claim?

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Stevens Lloyd

DECEMBER 13, 2018

You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. Extracting money from judgments necessitates obtaining significant information about the debtor as it relates to their assets. So now what ?

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Collections Law

MAY 10, 2022

The first major question we must ask is whether we will pursue an attachment to the debtors assets before we have a judgment from the court, known as a prejudgment attachment. Our other option is to wait until after we receive the judgment from the court, known as post-judgment collection. Cohen LLC.

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FFGN COLLECT NY

SEPTEMBER 22, 2021

A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement differs based on the creditor’s industry, but that’s not the case. There are limits when it comes to searching for individual consumer debtors through social media.

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FFGN COLLECT NY

FEBRUARY 7, 2023

If the debtor defaults in the case, fails to appear or answer, the creditor’s debt collection attorney can then submit a judgment to the clerk for signature. In New York, there are certain limitations on entering default judgments. However, the creditor invoices only one debtor rather than all those named as liable parties.

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FFGN COLLECT NY

AUGUST 11, 2021

If you have a judgment against a person who owes you a sizeable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. How to Enforce a Judgment Through Estate Distribution. How to Enforce a Judgment Through Estate Distribution.

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FFGN COLLECT NY

JUNE 17, 2022

New York gives full faith and credit to judgments entered in other states as required by the Constitution and under New York Civil Rules, provided the judgment was not entered on default and not entered pursuant to a confession of judgment. The creditor must then obtain an exemplified copy of the judgment from California.

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Collections Law

DECEMBER 27, 2021

Once you manage to receive a judgment from the court for the debt a client or customer owes you, your next step is collecting on that judgment. Cohen LLC, we know how difficult collection can be, even when you have a judgment. In some cases, post-judgment litigation is the right path to take. At Law Offices of Alan M.

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FFGN COLLECT NY

NOVEMBER 4, 2021

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment.

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ABI

JANUARY 28, 2024

( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay. that, “in order to extend [a] stay to a non-debtor ‘[t]here must be actual.

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FFGN COLLECT NY

OCTOBER 16, 2020

After finally collecting the monies owed to you through debt collection litigation, the debtor wants their money back. Can a debtor really get their money back? If the demand is not productive, you needed to sue and wait for judgment. Only once the judgment is entered can you collect the monies through judgment enforcement.

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FFGN COLLECT NY

JUNE 12, 2022

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.

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