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.
Irrevocable Sale and Recovery Solution
Carlo Cellai, Esq. Represented a Lawyer Against His Client and After Judgment, Sold Her Summer House at Auction. The Client Was Not Entitled to an Equitable Set Off for Amounts Above the Judgment
Carlo Cellai, Esq. represented a lawyer who obtained a $20,000 judgment against his client. When the Judgment became final, Carlo Cellai, Esq. levied and sold the lawyer’s client’s interest in a summer home in Scituate, Massachusetts. When the sale became irrevocable, Carlo Cellai, Esq. on behalf of the attorney filed a Petition to Partition the real estate. At a trial on the partition action, the Court ruled that when the attorney’s interest in the house vested absolute, he became the owner of all of the client’s right title and interest in the house. Ultimately, the house was sold for $350,000. The attorney received one half of the proceeds of $175,000 as his former client’s interest in the house. Carlo Cellai, Esq. turned an approximately $20,000 judgment into a $175,000 recovery.
Massachusetts Lawyers Weekly
Commercial Building in the Boston Financial District Ruled a Collapse, Insurance Company Must Pay Tenant Losses
Carlo Cellai, Esq. represented a Trust against an insurance company for damages when the insurance company refused to pay damages when the building that the Trust was a tenant in was in a state of collapse. The insurance company took the position that since the building had not fully fallen to the ground but was only sagging, they did not have to pay the tenant’s damages. Carlo Cellai, Esq. litigated the case before the Superior Court where the Superior Court ruled that since the building’s sagging appearance was both sudden and visible, the building collapsed and the insurance company is responsible for the Trust’s damages.
Massachusetts Lawyers Weekly