Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

Recouped significant outstanding balance for a home healthcare services provider by moving to reach and apply funds held by investment company on behalf of debtor. In this case, we filed a lawsuit for breach of contract and quantum meruit arising out of the debtor’s failure to pay for certain home healthcare services over the course of six weeks in 2015. We also brought a claim to reach and apply funds held by the investment company because we knew that the debtor had a securities account with the investment company that was worth more than the debt he owed to the home healthcare services provider. After obtaining a judgment for the full amount of home healthcare services provided to the defendant plus interest and costs, Goldman & Pease moved to reach and apply the funds held by the investment company. Shortly thereafter, the investment company dispersed the entire judgment amount to the home healthcare services provider, in accordance with the court’s order. As a result of this successful reach and apply strategy, the home healthcare services provider was made whole almost immediately following the judgment in its favor.

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