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.

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Collections Law

DECEMBER 15, 2023

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. We practice ethical debt collection to the fullest extent allowed to us by state and local laws.

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Collections Law

DECEMBER 4, 2023

When that customer is another business, you may need to resort to aggressive collection techniques. Cohen & Associates LLC, our experienced collection attorneys are aggressive and relentless, ethically pursuing all manners of collection debt practices provided to us under Massachusetts law. At Law Offices of Alan M.

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Fraser

JULY 18, 2022

Understanding what a default is, and the implications associated with a default judgment is important when having a lawsuit brought against you. If you are found to be in default, the other side can then request a default judgment from the court. What are the ramifications of a default judgment being entered? What is a default?

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FFGN COLLECT NY

MAY 22, 2023

Summons and complaints are the most important pleadings filed in debt collection litigation, which makes properly drafting summons and complaints incredibly important. A debt collection complaint outlines the issue. Why a default judgment? Once you have a judgment, you can proceed to enforcement to get paid.

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FFGN COLLECT NY

MARCH 15, 2022

It’s important you verify the information contained in a debt collection affidavit before you sign it. An affidavit is sworn testimony used to support your debt collection case. Chase was one of 13 financial institution censured for robo-signing documents in support of debt collection suits and foreclosure.

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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 10, 2022

When it comes to collecting commercial debt, you have many options. The experienced commercial collection attorneys at Law Offices of Alan M. Cohen LLC have been helping businesses successfully collect outstanding debt since 1994. For that reason, we often pursue these attachments even before the court issues the judgment.

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Collections Law

AUGUST 24, 2023

If you speak for a large business or corporation that needs to collect on a commercial debt, you should know about this essential tool. In Massachusetts, a real estate attachment allows us to freeze the property before we even get a court judgment against the debtor. At the Law Offices of Alan M. That speed matters.

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Collections Law

SEPTEMBER 29, 2021

If you are trying to collect on a debt, you may feel relieved when you finally have that judgment in hand. After all, obtaining a judgment from the court is the hard part, right? Unfortunately, collecting on that judgment could prove to be a challenge. Not necessarily. What is a Rule 69 deposition?

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Collections Law

NOVEMBER 9, 2020

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. Once domesticated, we can use a series of collection methods, such as property attachments and injunctions, to make sure you get paid.

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Debt RR

AUGUST 27, 2021

When you’re attempting to collect a debt from a commercial customer, you know that every second counts. After all, the older the debt is, the harder it becomes to collect. When the traditional letters, phone calls, and negotiations fall short, it may be time to consider filing a debt collection lawsuit against your customer.

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Collections Law

JULY 6, 2021

When partnering with the experienced commercial litigation debt collection attorneys at the Law Offices of Alan M. 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.

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Jimerson Firm

DECEMBER 19, 2022

Effective May 1, 2021, Florida adopted the federal summary judgment standard. The new summary judgment standard substantively changed the standards courts apply when evaluating a motion for summary judgment, substantially changed the procedural rules applicable to summary judgment. In re Amends. 1.510 , 317 So.

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FFGN COLLECT NY

JANUARY 7, 2024

New York State has made it even easier for parties involved in a New York debt collection case to pursue their claims. Effective January 1, 2024, New York State will no longer require an affidavit to support NY debt collection cases. Previously, only a select group of litigants in New York civil cases could use affirmations.

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Collections Law

FEBRUARY 12, 2021

The first step should be finding someone who can be in your corner and fight to collect your bad debts until they either collect the bad debt or no one else can. The experienced and effective debt collection attorneys at the Law Offices of Alan M. Domesticating Your Judgment. Enforcing Your Judgment.

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FFGN COLLECT NY

JULY 7, 2022

On December 31, 2021, Governor Hochul signed the Fair Consumer Judgment Interest Act into law. This amended the post-judgment interest rate on all judgments against consumers from 9% to 2%, effective April 30, 2022. An income execution (also known as a garnishment) is another manner of collecting a money judgment.

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FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. That is until now. Lien on Property.

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Collections Law

MARCH 21, 2024

Navigating the complexities of debt collection is an endeavor, even for larger Massachusetts businesses. Cohen & Associates LLC, our commercial litigation attorneys have more than 50 years of collective experience in commercial debt collection. One such aggressive collection tool is a keeper attachment.

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Collections Law

APRIL 19, 2022

As a business owner or manager, collecting unpaid debt is likely not your favorite part of your job. 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. The experienced commercial collections attorneys at the Law Offices of Alan M.

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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. First, you have to put the customer into collections. If the demand is not productive, you needed to sue and wait for judgment. How is that possible? Doesn’t the money belong to you?

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FFGN COLLECT NY

AUGUST 15, 2023

The legal process of collecting debt owed in New York typically starts by filing a summons and complaint or a motion for summary judgment in lieu of a complaint demanding the exact amount owed to you. If you have a debt collection matter that you need assistance with, contact Frank, Frank, Goldstein and Nager for a consultation.

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Debt RR

APRIL 8, 2022

To be more specific, you need the assistance of a commercial debt collections specialist to pursue civil litigation on your behalf. Commercial Debt Recovery Through Civil Litigation. Commercial debt collection is performed after a business fails to provide payment for services or goods rendered. Engaging in Legal Battle.

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Troutman Sanders

DECEMBER 8, 2022

On December 5, an Arizona Superior Court for Maricopa County issued an Order to Show Cause to the state of Arizona and scheduled an expedited evidentiary hearing in a suit challenging the newly passed Arizona Protection from Predatory Debt Collection Act (the Act), also known as Proposition 209.

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FFGN COLLECT NY

MAY 9, 2022

When there is a default on these agreements, the lender must pursue the borrower through debt collection in New York. Until recently, all agreements secured by merchant cash advance companies required borrowers (both corporate and personal guarantors) execute a confession of judgment that could, in the event of default, be filed immediately.

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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. The remaining two cases were a reduced judgment from 2018 in the amount of $3,750.00

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Troutman Sanders

SEPTEMBER 21, 2022

A recent federal district court opinion highlights the potential pitfalls associated with renewals of unsatisfied default judgments. serves as a reminder that judgment creditors must still tread carefully when seeking to collect on, or revive, judgments from yesteryear. The case, Sarah Pitera v. 2:22-cv-00255-TL (W.D.

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Sawin & Shea

DECEMBER 7, 2023

If the homeowner does not do this, the lender will request a default judgment so they can continue with the foreclosure sale. If the homeowner chooses to defend the lawsuit, then litigation will begin. Once the sale can move forward, the sheriff will post a notice of sale at the courthouse and advertise the sale in the local newspaper.

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Collections Law

FEBRUARY 14, 2022

Cohen LLC, we help our clients collect on commercial debt, including bad checks. You do have options for collection. Here are three ways you can collect on insufficient funds. To pursue litigation, we start by sending the necessary written demand for payment and bring an action if they still have not paid after 30 days.

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Collections Law

NOVEMBER 9, 2020

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. Once domesticated, we can use a series of collection methods, such as property attachments and injunctions, to make sure you get paid.

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Collections Law

OCTOBER 5, 2020

When faced with this dilemma, don’t further waste your time and efforts chasing your debtor, spend your time making money and leave your bad debt recovery to the experienced and aggressive collections attorneys at the Law Offices of Alan M. The relentless collection lawyers at the Law Offices of Alan M. Post-Judgment Actions.

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Collections Law

OCTOBER 5, 2020

Hiring the debt recovery collection attorneys at the Law Offices of Alan M. After going through the appropriate channels to try to collect outstanding debt — to no avail, as methods such as letter writing and phone calls prove to be fruitless — the next step is turning to the debt collection lawyers at the Law Offices of Alan M.

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Collection Industry News

APRIL 21, 2021

The CFPB recently issued a consent order against a debt collection company and its owner over alleged violations of the CFPA and FDCPA involving misleading notices sent to consumers. The consent order imposes an $860,000 judgment and a permanent ban from any debt collection activities along with other requirements.

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FFGN COLLECT NY

SEPTEMBER 8, 2022

You are concerned that the debtor is in poor financial condition, and that by the time a lawsuit commences and a judgment is obtained, the debtor will not have any assets available to satisfy the outstanding debt. If you are trying to collect money from a debtor, contact Frank, Frank, Goldstein and Nager to learn more about your options.

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Collections Law

APRIL 1, 2020

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.

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FFGN COLLECT NY

APRIL 21, 2022

By choosing to enlist the help of a debt collection law firm you can take advantage of a number of different debt collection options to assist in the collection of monies owed to you. Collection attorneys work as a “legal” agency. Most collection attorneys will handle all phases of the debt collection process.

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FFGN COLLECT NY

NOVEMBER 6, 2020

Creditors and debtors alike have been holding their breath waiting to see what New York Governor Andrew Cuomo would do as it relates to civil actions in the state, more specifically debt collection litigation. We’ve written about the impact of COVID-19 on debt collection over the past 8 months.

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