Our firm has extensive experience in the area of commercial or business to business debt collection. From pre-suit collections through judgment enforcement our experienced team of attorneys has the tools to locate debtors and their assets. In many cases we can collect without having to file a lawsuit. If litigation becomes necessary, often times we are able to attach the debtor’s assets, including their bank accounts, while the case is pending. In certain cases, the courts will allow an attachment without notice to the debtor.
Through our nationwide network of attorneys, we are able to collect for our clients in all fifty states and internationally.
We understand how vital it is to the success of your business to collect receivables quickly. Our highly customized state of the art software allows us to generate court documents quickly which results in a faster recovery for our clients.
We have experience in collecting in a wide variety of industries such as construction, food and beverage and personal services industries. We handle all aspects of insurance collections including deductibles, premium audits and subrogation.
The firm has a busy retail or consumer debt collection practice. Through our extensive skip tracing resources, we are able to locate a debtor who has relocated. Once we find your debtor, our network of attorneys will go to great lengths to contact and recover payments from the debtor prior to litigation. However, if these demands are unfruitful, we will use our extensive litigation experience to help you collect what is rightfully yours.
In today’s challenging regulatory environment, we continually monitor developments in the law, be it new state or federal regulations, statutes or case law. We routinely review or policies and procedures to ensure compliance with state and federal debt collections laws and regulations. Confident in the knowledge that our procedures are compliant, we are able to aggressively pursue retail debtors while staying within the boundaries of the law.
We represent creditor clients incases where the debtor has filed bankruptcy. A business may file a bankruptcy case under Chapter 7 when it does not intend to survive and seeks to liquidate its assets and pay its creditors. If a business intends to restructure, it files a petition under Chapter 11 and submits a plan of reorganization to the Bankruptcy Court and, if approved, the debtor makes payments under the plan to secured and unsecured creditors for a reduced amount. Individuals may also file under Chapter 7 and liquidate their assets to pay creditors and obtain a fresh start. Consumers may also file under Chapter 13 and file a plan, similar to a Chapter 11 plan. We represent creditors in both individual and business bankruptcies. We will monitor the debtor’s case. If the Bankruptcy Court requests the creditor to file a Proof of Claim, we will so do. A proof of claim is a form which documents the amount owed to the creditor. A creditor cannot get paid unless a proof of claim is timely filed with the Court. We also attend the meeting of creditors which is designed to allow the creditor to ask questions of the debtor, who is under oath, about the petition. In Chapter 11 and 13 cases, if the debtor’s proposed plan is deficient, we can file an objection to the plan and litigate the objection of necessary. Finally, if the debtor disputes the creditor’s claim, we can commence or defend an adversary proceeding, which is a lawsuit inside of the bankruptcy. In an adversary proceeding, the parties may conduct discovery, including depositions, file motions and conduct a trial before a bankruptcy court judge.
In 1978, Congress enacted theFair Debt Collection Practices Act (FDCPA) to protect consumers against abusive collection practices. The FDCPA can be difficult to navigate, as many of its provisions are contradictory. Our attorneys and staff monitor new developments in the law of fair debt collection so that we are best able to create and maintain active policies and procedures for your business.
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Our firm has developed a high degree of business acumen through years of working in law firms as well as in house counsel. An in-depth knowledge of how business works allows us to offer solutions for our clients both inside and outside of the courtroom.
We understand that lawsuits can be a distraction for many businesses. We are sensitive to the fact that a lawsuit can consume resources and personnel time and can result in a negative reputation. We strive to obtain results in the courtroom that also play well in the boardroom.
The firm is experienced in handling many different areas of insurance law. Our collection practice includes collecting additional premiums due insurance companies as a result of audits of the insured’s policy. We also represent insurance companies in subrogation claims. In many cases, we can recover from an uninsured party that caused a loss or locate other insurance that the party causing the loss may have. We also represent insurers to recover unpaid deductibles.
In cases where insurance companies have denied claims, we can represent the insured and litigate against the insurance company about whether coverage is available for a particular claim. We also represent insureds in bad faith claim settlement practices against insurers.
We are experienced in all matters of real estate litigation including disputes between condominium owners and associations, title issues, including boundary disputes, and title insurance claims. Our collection practice includes collection of unpaid condominium fees and the filing of a “super-lien” against units where condominium fees are unpaid for more than six months.
Our firm is experienced in representing employees in claims for violation of the Massachusetts Wage Act. Massachusetts law provides for the mandatory award of triple damages and attorneys’ fees for violations of the Wage Act. Often the threat of multiple damages can provide a strong incentive for employers to settle and allows us to resolve claims for our employee clients.
Any time a lawsuit is filed, there is a risk that the defendant will assert claims of its own- called counterclaims. Our firm will aggressively defend counterclaims asserted against our clients while continuing to pursue our clients’ claims.
We provide legal services to clients who have previously obtained a Judgment in another state or from another country. The Constitution provides that states must recognize the judgments issued by courts of other states. We can “domesticate” any out of state judgments in Massachusetts. Once we domesticate your Judgment, we have many options to get you paid.
These options include:
1. Vehicle seizure
2. Bank attachment
3. Wage garnishment
4. Levy and suspend
5. Supplementary Process
6. Reach and Apply.
These remedies are tailored to meet the client’s goals and are largely based on an analysis of the debtor’s assets.
It is not uncommon for commercial agreements to provide for alternative dispute resolution-mediation or arbitration. Some clients prefer to resolve their disputes by way of alternative dispute resolution. Our firm can effectively advocate for our clients in both mediation and arbitration.
Our real estate practice includes residential and commercial purchase and sale agreements, commercial and residential leasing, commercial and residential landlord/tenant matters and real estate litigation.
We are experienced in representing buyers and sellers of commercial and residential properties. Our services include: negotiating, drafting and reviewing offers to purchase and purchase and sale agreements; monitoring the transaction to ensure all deadlines (such as mortgage and inspection contingencies) are adhered to; trouble shooting any issues that arise prior to closing; attending the closing; and following up with any post-closing issues.
Landlord/Tenant. We regularly represent landlords in eviction proceedings against both residential and commercial tenants.
Real Estate Litigation. We routinely represent clients in all matters of real estate litigation including disputes between condominium owners and associations, claims by and against residential and commercial contractors and subcontractors and property/ boundary disputes.
Our attorneys are experienced and skilled at drafting a number of commercial agreements. Often we find that the reason a client is having collections issues is that there are deficiencies in the client’s agreement which prevent them from getting paid. We can review your contracts and structure them in a way that meets the operational needs of your business but also protects the business and ensures you get paid.
There are a number of issues to consider when choosing the right form of business entity. These issues include how the individuals will be protected from liability and what kind of tax treatment the business and individuals will receive. Our attorneys can help you work those these issues; determine the right type of entity for you. Once the entity is created, we continue to work with you to make sure all the paperwork is filed properly and that the business remains in compliance with regulatory and reporting requirements.
We invite you to contact us to learn more about how we can help manage and collect your receivables and other legal needs.