Save copies of all checks!
Find out your customers' real names and get a street address. (service cannot be made at a po box!)
Warn your debtor that if payment is not made promptly he will hear from your attorney.
Set a deadline for payment and referral to legal counsel and stick to it.
NEVER assume that:
When a debtor tells you he has no assets, he's telling the truth.
Your debtor can be your best source of DISinformation. We can perform and asset check and determine whether the debtor owns any real estate or personal property or is associated with any businesses..
NEVER assume that:
If the debtor uses an out-of-state bank, nothing can be done to reach that money.
Many out-of-state banks have local branches and at times Massachusetts judges do in fact grant bank account attachments.
NEVER assume that:
Out-of-state debts are uncollectible
Wrong! Out-of-state debtors can be sued under MA's long arm statute or by local counsel. We have a network of experienced collection attorneys throughout the country. We also work with attorneys outside of the USA in the appropriate case.
NEVER assume that:
Collecting from a defunct entity is hopeless
Not always! You have nothing to lose by obtaining a professional evaluation of the situation. There may be personal guarantees or claims of "successor liability", which can be pursued.
NEVER assume that:
Bankruptcy is the end of your collection efforts
While this is true in many cases, there are situations where priority claims are satisfied, or there are sales of debtor's assets out of which distributions are made.
Randi Levine, Attorney at Law
phone:
857 231-6215 | fax: 781-465-6055 | email: randilevine9@gmail.com