Prejudgment Writs of Attachment

Prejudgment Writs of Attachment

  • Does someone or some company owe money to you or your company on a commercial debt?
  • Have you provided goods or services to a customer but they haven’t paid you?
  • Have you sold your business to someone and taken back a promissory note but the buyer has stopped paying you on the promissory note?
  • Have they stopped returning calls?   Are they ignoring you?

If so, maybe a prejudgment writ of attachment is right for your situation.

A prejudgment writ of attachment is an order that your lawyer can get from the judge.  That order lets a sheriff seize the debtor’s assets and hold them until the lawsuit is over.

This Helps In Three Ways.  

First, once the sheriff seizes the debtor’s assets, those assets are now security for your claims.  That means that the debtor cannot now spend those assets or transfer them to a third party. So, at a minimum, when the lawsuit is over, at least there will be some money there.

Second, if a sheriff seizes the debtor’s assets, this can help facilitate settlement because the debtor realizes that they can no longer ignore your claim.  Indeed, many debtors decide to settle the case rather than trying to fight against having their assets seized.

The third way that a prejudgment writ of asset can help is your lawyer can now question the debtor about the location of their assets. This helps you learn more about their assets and your case.

Although a prejudgment writ of attachment is not available for every situation and, in fact, it is not always the best remedy, if you are owed money on a commercial debt, you may want to contact us see if this very powerful tool is right for your situation.