Prejudgment Remedies

Protecting Your Claim Through Prejudgment Remedies

It's not always necessary to obtain a judgment against a debtor before you can take steps to secure your right to reach the debtor's assets. In some situations, your ability to collect a judgment in the future will depend on your ability to freeze the debtor's assets today.

For advice about the availability of Florida prejudgment debt collection remedies related to a lawsuit pending or contemplated anywhere in the world, contact Joel Blumberg, of CreditorCollections, in West Palm Beach. Attorney Blumberg understands the full range of options to secure legitimate commercial claims against assets in Florida and he can help you realize the value of an eventual judgment.

Call 011-561-683-5900 for Advice About Prejudgment Remedies in Florida

The term "prejudgment remedies" covers a range of legal processes that can be invoked against an opponent before the claims and defenses raised by the parties are finally determined by a court.

Some of options you have to pursue may require a showing that the debtor is likely to interfere with your collections through the transfer or concealment of assets. In other situations, you can freeze the assets of a nonresident of Florida simply through an affidavit of nonresidency.

Possible prejudgment remedies may include:

  • Prejudgment attachment
  • Writ of Replevin
  • Prejudgment garnishment of bank accounts or other property
  • Temporary restraining order prohibiting the transfer or concealment of assets

Prejudgment remedies require a bond to be posted by the creditor. This is meant to ensure that the remedy is pursued in good faith and only in situations where the creditor is likely to prevail on the merits. The debtor can release the property from attachment or another writ by posting a bond as well, which further protects the creditor's interest.

It's not necessary that a Florida resident be involved in the main litigation, or that the action is filed in Florida. The key consideration is whether sufficient assets of the debtor can be found in Florida.

To learn whether prejudgment attachment or other remedies against assets in Florida make practical sense in your situation, contact Joel Blumberg, of CreditorCollections, in West Palm Beach.