CAN PRE-JUDGMENT WRITS OF ATTACHMENT HELP ME GET PAID?

Pre-judgment writs of attachment can help you get paidYes, pre-judgment writs of attachment can sometimes help you get paid.   Pre-judgment writs of attachments are orders you get from a court.   They let the sheriff seize the assets of the person who owes you money.  This can even happen before you win your lawsuit against them.  So, when can you get pre-judgment writs of attachment?

First, to get a pre-judgment writ of attachment, there has to be a breach of contract claim.   If the claim, for example, is that someone did not pay you as they agreed to do so, that is a breach of contract claim.   On the other hand, a claim that you slipped and fell in their store because they negligently had grease on the floor, is not a breach of contract claim but a negligence claim.

The second thing you need for a pre-judgment writ of attachment is for the claim to be for more than $500.

The third requirement for a pre-judgment writ of attachment is that your claim for a prejudgment writ of attachment can’t be secured.   That means that if you have a UCC-1 or a mortgage securing your claim or some other type of collateral, you probably can’t get a pre-judgment writ of attachment.

Fourth, you need to show that you have a chance of winning on your breach of contract claim at trial.   So, if you have no way of proving your claim, a court won’t give you a pre-judgment writ of attachment.

A pre-judgment writ of attachment is a way of securing your breach of contract claim while the lawsuit is still going on.  In some parts of the country, such as Los Angeles County, it can take at least two years for a case to get to trial.   That means that even if you win against them after two years of trial, you can’t be sure that you can collect on that judgment.

Often, once pre-judgment writs of attachment are issued and the sheriff seizes the debtor’s assets, the debtor is finally willing to pay you and you can settle the lawsuit.  In the experience of the legal professionals at Penners Bergen,  ALC, that can be one of the main benefits of pre-judgment writs of attachment.   However, even if the case does not settle after the sheriff seizes the debtor’s assets, at least you have some security for your breach of contract claim.

A pre-judgment writ of attachment can be a very effective way of helping you collect your debts.  However, it a very technical and procedural motion.   If you think this could help you, you should speak with an experienced business litigation lawyer.

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