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2021 Boston Legal Team Solves Hopeless Financial Problems
David S. Goldberg and Chesley Oriel have been members of the Massachusetts Bar Association since 2004 and 1970, respectively. With 60 years of combined experience, our Boston legal team works almost entirely on contingency fees receiving no payment until we retrieve money on your behalf. Chesley Oriel has served as an arbitrator for the Financial Industry Regulatory Authority (FINRA) for over fifteen years as the chairperson of three member panels in 75% of all claims before the agency.
Our debt collection attorneys are also practicing personal injury and real estate attorneys who have served as general counsel to nationally franchised malls and retail clients. Our strong relationships to national mortgage lenders, including J. P. Morgan Chase, Citizens Bank, and Bank of America, make it possible for us to have foreclosed deeds returned to clients with the balance of the mortgage dismissed entirely. As personal injury attorneys, our Massachusetts accident attorney has been able to negotiate six-figure settlements independent of auto insurance company limits. Our attorney will come to you and file deeds and liens in your county courthouse.
Collecting on Judgements
Filing a lien on the defendant’s real property in the county courthouse is the first thing a plaintiff should do after winning a judgement. The lien makes your judgement a secured debt that the defendant cannot discharge under Chapter 7, 11, or 13, bankruptcy. The defendant cannot sell the property without paying you in full.
Locating Defendants and Assets
Our commercial collections lawyer can help you locate defendants who have moved through credit applications and credit references. Going through your debtor’s trash might be the easiest way to locate his or her assets, but family and friends can tell you if he’s a fisherman who owns a boat or a late model Harley Davidson. They surely know if he or she has given family members expensive gifts within the last six months.
A home improvement contractor filed a petition for Chapter 7 bankruptcy in the United States Bankruptcy Court for the Eastern Division of Massachusetts hoping to discharge a $135,000 judgement against him. Attorney Chesley Oriel filed an adversary proceeding for the woman who held the default judgement on the contractor. The judgement arose from the contractor cashing the Plaintiff’s checks and using the money to pay for his own personal living expenses. The adversary proceeding asserted that the judgement against the contractor should be exempted from discharge under 11 U.S.C. § 523(a)(2)(A). The U.S. Bankruptcy Court excepted $10,104.06 plus $8,340.00 interest from discharge.
Consumer Fraud – Scams
Consumer fraud is prosecuted by the Massachusetts Office of the Attorney General through consumer complaints. Multiple complaints on the same contractor or clear-cut cases of fraud are mediated or resolved by the state attorney general through class action lawsuits. In the case of our building contractor, he was a licensed building contractor with the ability to complete the home improvement project. His office was in his home, and he claimed the business use of his home on his taxes. He intended to complete the project within time and cost.
Resources to Investigate
Our Boston legal team has the time and resources to investigate our building contractor and learned that his second child was born with a medical condition that required repeated hospitalization and surgery. With the case reduced to just a few disputed facts, our plaintiff was able to file a consumer complaint in the Massachusetts Attorney General’s office that she could win. Because he is a licensed building contractor who satisfied other customers, they will be able to recover her money.
Our private investigators can locate hit and run drivers, motor vehicles, cars, boats, motorcycles, and travel trailers. Insurance policies and liens contain important information about the owner, as do, fishing licenses, hunting licenses, and flight plans. Private investigators use GPS to locate motor vehicles by their license plate numbers on the highway, in a parking lot, or at a gas station. It’s easy to figure out where they live, work, and spend their time and money.
Your Consumer Sent You a Cease-and-Desist Order
A federal debt collection rule enacted in December of 2020 gives your slow-paying or bankrupt customers or clients the right to refuse your phone calls at home, to insist on only email communications, or demand paper bills that also serve as receipts for payments. Cease and desist letters may be handwritten, typed, or emailed.
Our Boston legal team is a debt collection law firm not a collection agency. Our attorney will never leave you liable for any violations of consumer protection laws. The 2020 Debt Collection Rule prohibits you from abusing your fiduciary responsibility to your customer or client. You don’t have the right to harass or mail envelopes or postcards with personal or financial information clearly displayed on the outside.
Call today for a free consultation or complete our request for a free case evaluation from our Goldberg and Oriel webpage online. Our law office is conveniently located, but our attorney represents clients throughout the state of Massachusetts against defendants anywhere in the United States. Our financial services legal team assists international businesses operating in the United States.