There are many reasons why a plaintiff would seek a prejudgment Writ of Attachment Bond in a civil proceeding; and there are valid reasons why seeking to attach in a civil proceeding is not a good tactic. California has strict statutory regulations regarding a claimant seeking to attach so it is important to weigh the value of the attachment versus the costs associated with obtaining a prejudgment writ. One important consideration is that obtaining the writ will require the claimant to obtain an Attachment Bond. This article will look at this, and other important factors in obtaining a writ of attachment in California. Furthermore it will also explain the scenarios where not seeking to attach would be appropriate.
By definition: a prejudgment Writ of Attachment Bond may be used to freeze assets of a defendant while a legal action is pending. As expressed in the California Code of Civil Procedure, a claimant who files for a prejudgment writ must satisfy certain criteria: The legal action must involve a dispute over an express or implied contract (more on this below); the claim must be not less than $500; the claim must not be on real property; and the action must be based on a claim that is commercial and not personal.
As to the first provision: It is important to note that writs of attachment are only for express or implied contracts and not for torts; such as a claim for negligence. Any by filing for the prejudgment writ of attachment a plaintiff if forgoing the option of seeking a tort remedy in the case. The decision will need to be weighed thoughtfully before pursuing a writ.
If all criteria listed above are met the plaintiff in California will be required to obtain an Attachment Bond before the courts will allow any assets to be attached. Relative to the scenario above an attachment bond is a bond given by a plaintiff seeking to attach the defendant’s property that ensures payment to the defendant of any damages suffered because of the attachment in the event the plaintiff loses the suit. Due to the time sensitive nature of many civil claims, attachment bonds can be obtained in as little as 24 hours. This will prevent the defendant from distributing assets to other states and other countries. This is important because only assets within the state where the action is filed can be attached.
For more information on attachment issues and civil court claims the knowledgeable staff at Jurisco are available to answer all your questions. If you need questions answered specifically about the bond process; the experts at Jurisco are available to guide you through the process.