Legal Question in Credit and Debt Law in Massachusetts

Re: Collections

Carl,

Establish a relationship with a collections attorney; someone who specializes in representing people in the construction trades. The answer to question #1 alone would take more space than this system allows, and it sounds like you have some operating flaws that will cause this to be a recurring situation (not getting paid).

Re: Collections

The questions you ask are very broad and depend upon the specific facts of your situation. Insofar as discovering additional assets, a good collection attorney would have access to the appropriate databases which might uncover additional property to lien and levy upon. The attorney could also implement certain strategic discovery mechanisms to access this info at the appropriate time. Your procedural and jurisdictional questions are beyond the scope of a simple answer. Generally speaking, the main methods of securing payment for a successful judgment within the Commonwealth of Massachusetts are; 1) motion for trustee process ( or reach and apply pursuant to Massachusetts General Laws Chapter 214, Section 3 against any and all goods effects or credits in the hands of a third party and which are owed the judgment debtor ( see Massachusetts Rules of Civil Procedure 4.2), 2) attachment against any and all non exempt tangible personal property of the judgment debtor ( see Massachusetts Rules of Civil Procedure 4.1 & Massachusetts General Laws, Chapter 223, Section 42), 3) attachment against any and all real property of the judgment debtor( see Massachusetts Rules of Civil Procedure 4.1 and Massachusetts General Laws Chapter 223, Section 42), 4) garnishment of intangible property of the judgment debtor ( see Massachusetts General Laws, Chapter 214, Section 3, 5) keeper attachment and 6) receiverships ( see Massachusetts Rules of Civil Procedure 66). So, to answer your question, yes, there are numerous effective methods of securing payment of and eventually satisfying your judgment. Further, there are many creative voluntary methods of working with the judgment debtor if you'd prefer a less adversarial approach. This is a very complex area of the law and I would urge you to seek the advice of an experienced ,licensed attorney. Please feel free to contact my office for a free consult.