Daily Archives: January 24, 2018

International Debt Collection

Issues Enforcing Out of State and Out of Country Judgments

Cellai Law Offices, P.C. has experience with some of the biggest issues enforcing out of state and out of country collection judgments. We very often asked to enforce out of state Judgments and Judgments from other countries.

In our vast experience enforcing out of state Judgments (and out of country Judgments), the biggest issues that arise are whether (a) the defendant was properly served with the legal process and (b) whether the originating Court had jurisdiction over the defendant.  Typically, jurisdiction over the defendant is something that is not pushed very hard.  Whether the debtor knew about the process is always a big issue.

As a result, Cellai Law Offices, P.C. seeks documents from the out of state litigation which shows service on the debtor/defendant and that they knew about the underlying litigation.  If you provide these document to the court upfront to show the court that the debtor/defendant was properly served, Judges usually agree to lien the bank accounts and real estate of a debtor without their knowledge or consent.

Debt-Reach and Apply

Debts owed to Your Debtor can be Reached in Satisfaction of a Debt-Reach and Apply

I am frequently asked whether a third party can be sued for a debt or part of a debt when money has been provided to the third party as part of another transaction.  My answer is sometimes, yes.  In a recent case litigated by Cellai Law Offices, P.C. for a multinational corporation, we were enforcing a promissory note in the Superior Court for the multinational corporation.  The debtor had filed a lawsuit in another Massachusetts Superior Court where he was seeking money from a third party.  Cellai Law Offices, P.C. obtained an order from the Court which provided that should the debtor recover on his lawsuit, the first funds earmarked for the debtor were to be paid to the multinational corporation.  Recently, the debtor won his case and the monies are available to satisfy the debt.