Commercial Debt Collection
Bace Law Group, LLC pursues the collection of unpaid receivables, unpaid invoices, and debts in Massachusetts on behalf of businesses, large and small. In this economic climate, collecting debts in Massachusetts and ensuring continued cash flow has never been more important. If you have unpaid invoices, unpaid receivables, collecting unpaid invoices, or have unsuccessfully used a debt collection agency – we want to talk to you.
We pursue debt collection claims on the commercial side aggressively, investigating the debtor’s bank account information, real estate holdings, and employment situation. Our contingency fee agreements are tailored to generally include a lower fee if our Massachusetts collections attorneys can obtain a successful recovery prior to filing litigation. Thus, we always attempt to reach out to the debtor prior to filing litigation; it has been argued these tactics are a waste of time, however, at Bace Law Group, LLC we almost always attempt to first bring the debtor to the negotiation table. It is during these pre-litigation negotiations that vital information about the likelihood of success can often be obtained.
Foreign Judgments – Out-of-State Judgments – Judgments from another State
Collecting a Judgment that was issued from a court in a state other than Massachusetts actually invokes Constitutional safeguards, namely, the Full Faith and Credit Clause. Thus, enforcing foreign Judgments remain favorite cases of Bace Law Group, LLC. If your debtor has moved to Massachusetts, has assets in Massachusetts, or is currently employed in Massachusetts, but you are holding a Judgment from another state – we want to talk to you.
An out-of-state Judgment must first be “domesticated” here in Massachusetts, which means an entirely separate lawsuit must be filed in the Commonwealth – while this may seem redundant, or unnecessary expense, it is absolutely vital, and may even be easier than you think. Bace Law Group, LLC pursues the collection of unpaid receivables, unpaid invoices, and debts in Massachusetts on behalf of businesses, large and small. In this economic climate, collecting debts in Massachusetts and ensuring continued cash flow has never been more important.
Supplementary Process
There is generally one question and one issue at a Supplementary Process (“SP”) hearing in Massachusetts – and those are (1) why has the debtor refused to pay the outstanding Judgment?, and (2) does the debtor have any ability to pay? Supplementary Process is a separate court hearing, that Bace Law Group, LLC widely takes advantage of on behalf of its clients, because the filing fees are comparatively low.
The penalty for a debtor’s failure to appear is a CAPIAS, or civil arrest warrant, that actually authorizes a Sheriff to physically arrest the debtor and bring that individual to the court. However, in this economic climate debtors are routinely successful in arguing that they do not have the financial ability to pay, or, debtors are regularly ignoring outstanding Judgments. Our Massachusetts collection attorneys pursue civil claims aggressively, and often attend Supplementary Process hearings in order to force the debtor to the negotiation table, or to at least ascertain information regarding the debtor’s financial circumstances.
There may be other, more effective ways to collect your Massachusetts Judgment or foreign judgment – Rule 69 discovery is a highly effective tool, although many Massachusetts collections attorneys either have never heard of it, or never utilize it. If you require Judgment collection – we want to talk to you.