FRAUD – What is a Writ of Attachment? Why is it necessary in a Fraud action?
April 23, 2019
If a fraud attorney is retained early in a fraud claim, they can help a fraud victims secure a Writ of Attachment and preserve assets to enforce and secure a judgment against a defendant following a verdict.
What is a Writ of Attachment:
A writ of attachment is a prejudgment or provisional remedy that can be obtained once a lawsuit is filed. Courts permit plaintiffs and victims to secure a writ of attachment when a defendant has committed fraud or there is a high probability that a defendant will attempt to hide or deplete their assets so recovery is unlikely.
Why Secure a Writ of Attachment:
A writ of attachment freezes a defendant’s assets during the pendency of a lawsuit so that the defendant is unable to deplete the asset prior to judgment, increasing the likelihood of recovery on a later obtained judgment.
Requirements to secure a Writ of Attachment:
In order to secure a writ of attachment, it is necessary that fraud related statutes permit a plaintiff or fraud victim the opportunity to secure a prejudgment remedy, specifically a writ of attachment. Writs of Attachment are available in federal lawsuits pursuant to: 28 US § 3101: Prejudgment Remedies & 28 US § 3102: Attachment. Writs of Attachment are also available in California state actions pursuant to: California Code of Civil Procedure §§: 484.010 – 484.110: Right to Attach Order; Issuance of Writ of Attachment.
If you or someone you know have fallen victim to fraud, investment fraud or have any questions as to securing a writ of attachment or other prejudgment remedies, we encourage you to call our offices today at 619-432-5145 for a free consultation with one of our Fraud Attorneys and Writ of Attachment Lawyers.