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Rule 65 Injunction

A Unique Massachusetts “Reach and Apply” Injunction Under Rule 65

In Massachusetts, Rule 65 (which refers to Rule 65 of the Massachusetts Rules of Civil Procedure) can allow for the reaching and applying of monies owed to your debtor. Rule 65 pertains to injunctions and restraining orders in civil cases. It outlines the procedures and requirements for obtaining preliminary and permanent injunctions, as well as temporary restraining orders related to payments from third parties to our clients’ debtors. An injunction serves as a court-ordered directive to halt a specific action by one party during the ongoing litigation of their legal matter such as paying money over to your debtor. It finds application in various legal disputes, proving particularly valuable when you are owed money.

In the realm of debt collections, injunctions play a crucial role in preventing debtors from dissipating the funds sought by the creditor or prohibiting money from being paid over to a debtor so it will be available for payment on a clients’ debt. While courts do not automatically grant injunctions, a compelling case demonstrating the likelihood of monies coming into the hands of a debtor or the debtor attempting to conceal or spend the money, can lead to success. Requesting an injunction involves notifying all other parties, including the party holding the funds to be paid to the debtor. If necessary, Rule 65 also encompasses temporary restraining orders (TROs), which, although often limited to 10 days and not requiring advance notice, can be beneficial in specific collection situations, especially when alerting the debtor in advance might prompt them to hide assets or money to be paid over to your debtors.

Understanding Rule 65 in Debt Collections

In Massachusetts, Rule 65 (which refers to Rule 65 of the Massachusetts Rules of Civil Proced
Rule 65 reach and apply injunctions are a crucial legal tool employed in debt collections to secure injunctions. The injunction procedure works for a debtor trying to conceal their assets inside Massachusetts or outside of the Commonwealth of Massachusetts or for monies to be paid to your debtor which will be dissipated. When the terms of your contract or the debtor’s actions make them subject to the personal jurisdiction of Massachusetts courts, Rule 65 comes into play. This rule enables legal action to be taken to restrain debtors from hiding assets in any jurisdiction recognizing American law. The significance of Rule 65 lies in its potential to make the difference between successful debt recovery and facing non-payment challenges.

Rule 65 injunctions are crucial in debt collection efforts as they can make a significant difference between recovering owed payments and facing difficulties in obtaining payment. The experienced Massachusetts collection attorneys at Cellai Law Offices, P.C. often employ Rule 65 injunctions as part of an arsenal of strategies to ensure effective debt collection on behalf of our clients. For unwavering and innovative debt collection services led by experienced and assertive Massachusetts collection attorneys, contact us at 617-367-2199 or via email at carlo@cellailaw.com.

Contact Us Today For A Legal Consultation

Whether it is your first-time pursuing debt collection, breach of contract matters or your company is in need of sophisticated counsel, Cellai Law Offices, P.C. will work for you.

(617) 367-2199