Collections:

One of the firm’s primary focuses is on collections utilizing both pre-judgment and post-judgment devices to effect the collection of a commercial and retail claims and the enforcement of rights and remedies relating to loans and obligations in default. As to consumer debt, the firm strictly follows the Federal Fair Debt Collection Practice Act and Massachusetts consumer protection laws. The firm also assists clients with the preparation and filing of mechanic’s liens and enforcement of same throughout the state.

Weiner Law Firm, P.C. represents lenders, lessors, manufacturers, distributors, contractors, sub contractors and other trade creditors in the evaluation and enforcement of collection remedies under State and Federal laws throughout the Commonwealth of Massachusetts.

The firm is willing to handle all claims regardless of dollar amount and will accept claims at a variety of contingent rates depending on the claim amount and availability of suit fees. We strive to be flexible in our fee arrangement to enable the client various options.

We generally seek advanced costs of $450.00, which should cover any type of prejudgment remedy which we may seek. Our costs are broken down as follows:

1.    Filing Fee   $195.00 (District Court)
        $275.00 (Superior Court)
2.   Summons   $    5.00 per defendant
3.   Service on defendant     $  45.00 – $60.00
4.   Miscellaneous costs    
    a. Real Estate Attachment   $110.00 – $125.00  estimate
.   b. Keeper/bulk attachment    $45.00 – $85.00 plus actual cost of keeper
    c. Trustee Process    
    (Bank Accounts)   $35.00 – $50.00 service on the Bank

In Massachusetts, we have the ability to pursue various prejudgment remedies provided the client provides us with the necessary backup documentation. Bank attachments (called Trustee Process in Massachusetts) are available prejudgment provided the creditor executes an affidavit which establishes the existence of the debt without the knowledge of any defenses including insurance coverage.

We pride ourselves on our responsiveness and our ability to obtain successful results. We are aware of the need to move on matters quickly and to respond to the client’s inquiries. We have prepared a procedural breakdown of the steps involved in collecting a claim in Massachusetts which we will provide upon an email request.

Distressed Real Estate. The firm handles all aspects of the resolution/liquidation of mortgages in default including, if necessary, the foreclosure of the property. The firm looks at all options to resolve the default including payment agreements, loan modifications, short sales and deeds in lieu of foreclosure. A majority of all defaulted residential loans placed with the firm are resolved outside of actual foreclosure. In event that a foreclosure is stayed due to bankruptcy filing, the firm is prepared to move quickly to ensure that the borrowers recommence payment or that relief from the automatic stay is entered to allow the lender to complete the foreclosure process. Finally, the firm can handle the sale of the foreclosed property. The firm also handles commercial foreclosures and secured property sales.

Repossession/Replevin Actions. The firm is involved in civil litigation with an emphasis on commercial litigation and related areas. We practice before both federal (district and bankruptcy) and state courts including regularly appearing in district courts and superior courts. In the event that there are any issues with obtaining collateral, the firm is prepared to take court action to obtain court orders to locate and seize the collateral such as motor vehicles, equipment and/or inventory.

Collections/Creditors Rights Attorneys

Gary M. Weiner, Attorney at Law

Gary M. Weiner, Attorney at Law

 

Robert E. Girvan, III, Attorney at Law

Robert E. Girvan, III, Attorney at Law

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Petra Lococo, Collection Paralegal

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Christina M. Pellegrino, Paralegal