CAN YOU GET A PREJUDGMENT WRIT OF ATTACHMENT IN ARBITRATION?

Attachment Availalbe?

Attachment & Arbitration?

A prejudgment writ of attachment can help you collect on a breach of contract claim.    Normally, that means that you have a lawsuit pending in a California court.    What if, instead of having a lawsuit pending in a California court, you have an arbitration pending before a private arbitrator?   Can you still get a prejudgment writ of attachment then?

Maybe.

First,  you probably can’t get the arbitrator to grant the prejudgment writ of attachment.    So, you have to go to the Superior Court of California in the district in which your arbitration is pending.

Second, you can go to the court under the statute California Code of Civil Procedure section 1281.8.   Under section 1281.8, even if you are required to arbitrate your dispute, a court can grant you a provisional remedy if you can show that an arbitration award may be rendered ineffectual if the provisional relief is not granted.   A prejudgment writ of attachment is a type of provisional remedy.    In English:  you need to show that if you don’t get the prejudgment writ of attachment, by the time the arbitration is done, if there is a monetary award in your favor, you may not be able to recover it.

Third, you won’t waive your right to arbitration by applying for a prejudgment writ of attachment.    However, you have to agree that pending the arbitration, all other actions on that dispute are stayed.

Fourth,  you still need to qualify for a prejudgment writ of attachment under all of the other criteria for a prejudgment writ of attachment.

You can’t get the private arbitrator to grant a prejudgment writ of attachment.   However, just because you have an arbitration clause in your contract does not mean that you cannot obtain a prejudgment writ of attachment from the court.   As we have explained elsewhere, there are many advantages to a prejudgment writ of attachment which should be considered.    So, if you are in arbitration on a contract dispute, you may wish to consider whether to apply to the court for a prejudgment writ of attachment.

 

Speak Your Mind

*