Creditors have various ways to secure judgments following a court action case. Some of these terms associated with this area of the law are referred to as “provisional” or “prejudgment,” among others. These terms apply to cases that are still ongoing. Overall they work to prevent those who owe the debt from hiding, moving, encumbering, or dissipating the funds that they must pay. Keep in mind that these processes are not always in place. They are a temporary means to prevent money owed from disappearing further.
In general, these provisional methods include several different remedies, such as:
- Attachment refers to establishing a pre-money lien on the property or monetary value that is currently owned by the debtor.
- Claim and delivery refer to the process of gaining access to personal property owned.
- Receivership enables a neutral participant to become in charge of various assets.
The most popular of the provisional methods are referred to as a Writ of Attachment. This term refers to a law provision used by the plaintiff in the case that is currently suing a defendant for funds owed.
This Writ of Attachment helps to assert compliance by the defendant and adds some financial comfort to the plaintiff by providing a decision that can be made in favor of the plaintiff later on in the legal battle. This Writ of Attachment must be issued prior to the case concluding.
The court staff may decide that the law officials go out and recover the property, money, or other assets that currently belong to the individual being sued in order to comply with the claim put in place. It is important to follow the rules put in place regarding the provisional methods.
Contact Our Palm Springs Business Litigation Law Firm
Mr. Baron is a Palm Springs litigation attorney who has successfully handled cases involving loan disagreements and matters of this nature. He’s also handled other provisional methods such as a writ of attachment problems, as well as various litigation issues. Consider contacting our Palm Springs business litigation law firm. Contact us at 760-322-2275 for a consultation about your case.