It can be frustrating to have to use the legal system to obtain what another party owes you. If you have resorted to filing a lawsuit to collect what you are owed, chances are that the other party is not being very cooperative. When the stakes are high and a successful collection is of utmost importance for the financial health of your business, you should consider the advantages of filing for a prejudgment writ of attachment along with your complaint while the lawsuit is in its opening stages.
What a writ of attachment does
California’s legislature has established the process whereby the plaintiff in a case can apply for the court to place an attachment on the defendant’s property. When properly executed, the court will direct the sheriff to visit the defendant’s residence or place of business and serve them with notice of the attachment. In some circumstances, the sheriff may take the title to the property to be attached, and hold it until the resolution of the legal proceedings.
How it can help you
The purpose of a prejudgment attachment is to place a lien on the property in question and to ensure that the property will remain within reach of the court, in case it must be sold or transferred in satisfaction of a judgment. A writ of attachment prevents the defendant from selling or otherwise disposing of the property in an attempt to spare it from collections.
If necessary, the sheriff can also place a Sheriff’s Keeper in the defendant’s business. This Keeper’s job is to make sure that the defendant does not try to get rid of any inventory or pocket any business revenue that is covered by the writ of attachment. This makes sure that, if you win your lawsuit, there will be property for you to collect.
Collection can be messy and contentious business. Hopefully you will not need to apply for a writ of attachment. However, if the situation calls for it, it’s nice to know that you have that option available to you.