As an experienced debt recovery attorney, our vast experience with prejudgment remedies sets us apart from any collection agency or other law firm. If your debt is over $25,000, we can utilize these techniques and recover the entire debt within 90 days after filing suit. What are these remedies and how do they work?
Prejudgment Writ of Attachment.
Suppose your customer owes you $50,000 and has just told you to pound sand? Or perhaps more likely the customer has simply decided to ‘ghost’ you and gone ‘dark’. A prejudgment writ of attachment is the procedure used to seize assets in a debt collection case before judgment is ever entered. A court hearing will be held within 90 days after the case is filed. If the debt is undisputed and there is no reason why it shouldn’t be paid, the court will issue a prejudgment writ of attachment, a court order directing the sheriff to seize assets. The most useful asset to seize is in the bank and accounts receivable owed to your customer by its customers.
A faster prejudgment remedy available is the ex parte writ of attachment, which allows us to get an attachment order within days after the case is filed. Courts allow this in extreme circumstances where you can prove that the customer is generally not paying its bills as they come due. This requires that you find two others that the customer has stopped paying.
Prejudgment Writ of Possession:
Suppose you’ve sold the customer machinery or equipment under a lease or a conditional sales contract and they stopped paying. Perhaps you’ve delivered the merchandise to a customer under consignment and you want to get them back. Then you need an immediate repossession order, a prejudgment writ of possession. Like the writ of attachment, these are issued within 90 days after filing suit or within days if there is an emergency.