When an individual—not a business—owes you money, recovering that debt can be challenging, frustrating, and time-consuming. Personal debt collection involves pursuing unpaid debts such as overdue personal loans, medical bills, or credit card balances owed by private individuals. Unlike commercial collections, these cases often require a more nuanced and strategic legal approach to maximize recovery while respecting the legal rights of all parties. At Massachusetts Debt Collection Attorneys, we understand the legal hurdles and practical concerns our clients face when attempting to collect what they’re rightfully owed. With over fifty years of combined experience, we know what works—and how to get results.
Step 1: The Demand Letter
The legal process usually begins with a demand letter—a formal notice sent to the debtor informing them of the outstanding amount and the expectation for payment. This letter often prompts a resolution, as most debtors recognize the seriousness of receiving correspondence from a law firm. At this stage, the debtor might choose to:
- Pay the debt in full
- Offer a settlement or payment plan
- Ignore the demand
Some cases are resolved with one letter; others may require additional notices before proceeding. Ultimately, it’s up to you how many notices are sent before escalating the matter to court. However, if there’s no meaningful response, the next step is legal action.
Step 2: Filing a Lawsuit
If informal attempts fail, we file a lawsuit on your behalf in a Massachusetts court. The complaint is served to the debtor with a court date. This legal filing officially starts the litigation process. At this point, the debtor has an opportunity to:
- Settle before the court date
- Appear in court with or without an attorney
- Fail to appear and risk a default judgment
If the debtor does not show up to the hearing, the court typically issues a judgment in your favor based on the evidence presented.
Step 3: Court Judgment and Collection Enforcement
When a judge rules in your favor, the next phase is enforcement. If the debtor has the financial means but refuses to pay, the court may take steps such as:
- Wage garnishment: A portion of the debtor’s paycheck is directed toward satisfying the debt.
- Bank levies or account garnishment: The court can order funds to be withdrawn directly from the debtor’s accounts.
- Payment plans: The court may structure a repayment schedule based on the debtor’s income and assets.
Our firm handles the legal mechanics of these steps and ensures that payments are tracked, contingency fees are deducted as agreed, and you receive your share promptly.
Step 4: Exploring Liens as a Last Resort
In certain cases—especially when larger sums are at stake—it may be appropriate to pursue a lien on the debtor’s assets. This could involve:
- Real estate or home liens
- Vehicle liens
- Claims against tax refunds or estate distributions
- Attachment of business assets or other valuable property
While this process can take months or even years to yield results, it prevents the debtor from selling, transferring, or cashing out on these assets until the debt is resolved.
When the Court Rules in Favor of the Debtor
Although uncommon, there are instances when the court may side with the debtor. These include cases where:
- The debtor is deceased, mentally incapacitated, or permanently disabled
- The debtor is insolvent with no income or assets
- A legal defense or appeal is successful
- There’s insufficient documentation or proof of the debt
If the debtor is married, it may be possible to pursue collection against the spouse, though this avenue requires additional legal analysis and is not guaranteed to succeed.
Why Choose Massachusetts Debt Collection Attorneys?
We believe that debt collection attorneys have a responsibility to act swiftly and effectively once they accept a case. That’s why we only take on claims we believe we can successfully recover. We’re aggressive in our approach, transparent in our communication, and responsive to your needs. Because most of our cases are handled on a contingent fee basis, our interests are aligned with yours: We don’t get paid unless you do. We offer written fee agreements upfront, so there are no surprises—just straightforward, results-driven service. If your business or personal claim involves money owed by an individual, don’t wait for the debtor to take action.
Ready to recover what’s owed to you?
Contact us today to schedule a consultation and take the first step toward resolution.