Commercial Debt Collection
"WINNING ISN'T EVERYTHING - IT'S THE ONLY THING."
Baker Law Group P.C. is on the cutting edge when it comes to commercial debt collection, and the Firm's reputation for excellence in this particularized field carries far and wide. In fact, commercial debt collection is the Firm's primary area of concentration within the larger sphere of creditors' rights. Business owners and executives from all over Southeastern Massachusetts and Rhode Island rely upon the Firm to aggressively pursue their accounts receivable, and just as importantly, to deliver results.
When it comes to debt collection, knowledge is certainly key, but there is really no substitute for experience, and the Firm has an abundance of it. In fact, the Firm's principal, David M. Baker, Esq., has successfully handled literally thousands of debt collection matters over his career spanning nearly a quarter of a century. During that time, Attorney Baker has collected millions of dollars for the Firm's clientele.
The Firm has the capability to file and prosecute a large volume of commercial debt collection cases without sacrificing attention to detail. By employing innovative technology and state-of-the-art debt collection software, client files are closely monitored by the Firm to ensure debtors' compliance with court orders and negotiated installment payment agreements. When a default occurs, the Firm's response is certain, swift and strong. All options are on the table when a commercial debtor fails and/or refuses to pay. Some of the most potent post-judgment remedies employed by the Firm are as follows:
Asset Seizures - Pursuant to M.G.L. c. 235, §31, "All property which by common law is liable to be taken on execution, may be taken and sold thereon, except as otherwise expressly provided." To seize a commercial judgment debtor's assets, D. Baker Law Group. P.C. utilizes the "Writ of Execution" issued by the Court after a judgment has been obtained. The Writ of Execution explicitly grants sheriffs and constables the authority to seize, and if necessary, sell, the debtor's assets. Unlike consumer debtors, commercial debtors are not entitled to any statutory property exemptions when it comes to asset seizure. As a result, all assets owned by a commercial debtor are fair game. Before directing the sheriff or constable to seize assets, however, it is critically important to first ascertain whether the assets being targeted are subject to any liens. This due diligence procedure is performed by Attorney Baker himself by conducting title examinations on real estate, reviewing registration records on motor vehicles, and performing Uniform Commercial Code financing statement searches on all other types of property and equipment.
Reach and Apply Actions - A reach and apply action is an equitable remedy designed to ensnare certain forms of property that cannot be attached or taken on execution such as a debtor's interest in real estate held in a trust. It is essentially a two-step process. The first is the establishment of an indebtedness on the part of the defendant to the plaintiff. The second is the process for collecting the debt. In addition to a being a vehicle to go after difficult-to-reach assets owned by a debtor, a reach and apply action may also be used to intercept money due a judgment debtor from a third party for services rendered. Once intercepted, the third party is commanded by a judge to pay the money over to D. Baker Law Group, P.C. instead of the judgment debtor. This process ensures that the money never touches the hands of the judgment debtor by earmarking it solely for the benefit of the creditor.
Receivership - Under Massachusetts law, if a judgment has been recovered against a corporation and the corporation fails to pay the full amount due within thirty days after a demand is made, D. Baker Law Group, P.C. has the right to petition the Court to appoint a receiver. The receiver, typically a local attorney, has the power to completely take over the business affairs of the corporation for as long as it takes the generate the necessary funds to satisfy the judgment creditor's judgment. The receivership is governed by Rule 66 of the Massachusetts Rules of Civil Procedure. The receivership remedy could be best described as the "nuclear option" as the mere filing of a receivership petition can often overwhelm a commercial debtor into finally paying so as to avoid the takeover of the debtor's company.