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Pre-Judgment Remedies: What are some of the pre-judgment remedies available to a creditor?

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If, in fact, you fit under the pre-judgement right to attach order and writ of attachment sections of the code of civil procedure and in most commercial cases we have that opportunity. You can put together a substantial package of the summons and complaint that is you bring a lawsuit and substantial declarations and certain forms. And you can get into court in front of a judge based upon these declarations and convince the court that you have a right, that you are more than likely to win at trial and that at this early stage, you want the court to issue a writ of attachment. Once you are successful in that argument you can take that writ of attachment to what we call the levying officer. That is usually the local sheriff. You open an account and the sheriff either goes out or in our case we have in house personnel who do it and we can levy upon their bank accounts.

We can levy upon their accounts receivable. We can put a sheriff physically on their premises and take their inventory, some of their other products, we can’t shut them down. We can’t put them out of business so we can’t take the equipment they use to run the business but we can put them in an extraordinarily difficult position the goal of which is not to put them out of business but at an early stage to get them to come to the table and cut a deal and make payments or pay off the debt. It’s an extraordinarily excellent opportunity and California’s one of the very best in the country along with, like I said, Massachusetts and I believe Connecticut, I’m not positive.

Los Angeles, CA commercial debt collection attorney Ronald P. Slates talks about his methods for obtaining a pre-judgment remedy.

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