Who I represent
I represent companies and professionals who delivered goods or services and didn't get paid, wherever they're located, when the customer or its assets are in Massachusetts. Typical clients include:
- Suppliers, distributors and manufacturers with open accounts
- Subcontractors and trades owed by general contractors or owners
- Consultants, agencies, engineers, architects and other professional firms
- Equipment lessors and lenders
- Businesses owed under settlement agreements that the other side stopped honoring
I generally take balances of $100,000 or more, where litigation makes economic sense. I don't do high-volume collection work, and I don't take referrals from collection agencies.
What I do, in order
Pull the paper together
The strength of a collection case is usually in the documents: the signed contract or credit application, purchase orders, delivery confirmations, invoices, statements of account, and the emails where the customer acknowledged the debt or promised to pay. If there's a personal guaranty, that changes the picture entirely, and I'll look for one.
Find out whether they can pay
Before you spend money on a lawsuit, I look at what the debtor owns: real estate, the state of its corporate filings, liens already recorded against it, and how it is still doing business. A judgment against an empty shell isn't worth much. A judgment against a company that owns its building is.
Send a real demand
A demand letter from a litigator who is ready to file reads differently from a reminder from accounts receivable. It also matters legally. In Massachusetts, statutory interest on a contract claim runs from the date of breach or demand (G.L. c. 231, § 6C), so a clear written demand can lock in an earlier starting date.
File suit and ask for security
If the demand doesn't work, I file in the court that fits the claim. Where the evidence is strong, I ask the court at the outset to attach the debtor's real estate or, through trustee process, the money in its bank accounts. The standard is whether you're reasonably likely to recover a judgment at least as large as the attachment. An attachment often produces a settlement within weeks, because the debtor can no longer refinance, sell or move money freely. More on attachments.
Get the judgment, then collect it
Many commercial collection cases are decided on summary judgment because the debtor has no real defense. Once there's a judgment, I keep going: supplementary process to examine the debtor under oath and get a payment order, trustee process on accounts and receivables, and a levy on real estate when there's equity. How judgment collection works.
Why Massachusetts law helps creditors
Interest. Unless your contract sets its own rate, a contract judgment carries 12% simple interest a year from breach or demand. On a $250,000 balance that's $30,000 a year. Use the interest calculator to see what your balance has grown to.
Contract terms. If your terms and conditions or credit application provide for attorney's fees and a late-payment rate, Massachusetts courts generally enforce them. These clauses often decide whether a case makes sense, so send them along.
Chapter 93A. When a business debtor's refusal to pay comes with something more, such as a scheme to keep your goods without paying, false promises to keep the shipments coming, or using the debt as leverage for an unrelated demand, Chapter 93A can add multiple damages and fee-shifting. When 93A applies.
Mechanic's liens. If you supplied labor or materials to a Massachusetts construction project, you may have lien rights against the property itself. The deadlines are short and the notices are technical, so call early.
Deadlines. Most contract claims in Massachusetts must be filed within six years of the breach (G.L. c. 260, § 2), and lien and bond claims run on far shorter clocks. The longer a debt sits, the harder it can be to collect, even when it's legally still timely. Limitations periods explained.
Fees on collection cases
For strong claims against debtors with assets, I'll usually work on a contingency fee: a percentage of what's recovered, in a written agreement. On some matters a hybrid fee makes more sense. Your fee agreement will also say how court costs and expenses are handled. How my fees work.
What to send me
- The contract, credit application, or terms and conditions
- The unpaid invoices and a current statement of account
- Any personal guaranty
- Emails or texts where the debtor discussed the balance
- The debtor's full legal name and address, and anything you know about its assets
Request a case review or call (617) 230-2779. If you're not sure where to start, read what to do when a customer won't pay.