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What is a Writ of Attachment?

What is a Writ of Attachment? Attachment is defined as a remedy where a plaintiff can seize defendant’s property before judgment to secure any recovery the plaintiff may recover in a pending lawsuit. It can only be used where there is a lawsuit on file claiming that money is owed. In order to obtain a writ of attachment, a plaintiff must satisfy all of the following requirements: 1. Plaintiff’s claim for money is based on a contract 2. The total amount of the claim must be a fixed or readily ascertainable not less than $500.00; 3. The claim must not be secured; and 4. If the action is against an individual, the claim must arise in a trade, business, or profession context. Because attachment is a harsh remedy, the creditor has the

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Posted in Judgment, Judgment Collection, Litigation, Real Estate Attorney Los Angeles, Writs of Attachment

Writs of Attachment Against Non-California Residents

In one of our previous blog posts, Schorr Law dealt with using writ of attachments to enable judgment collections.  As a recap, the writ of attachment procedure is one tool that can be used pre-judgment to prevent a defendant from transferring his assets during a lawsuit.  In doing so, a Plaintiff can increase his chance of collecting upon judgment. In addition to asset protection, the writ of attachment procedure can also be used to obtain jurisdiction over nonresident debtors who are not subject to California personal jurisdiction by seizing their property within California.  (See Code Civ. Proc. § 492.050; Nakasone v. Randall (1982) 129 Cal.App.3d 757, 760.)  This type of jurisdiction is called “quasi in rem” jurisdiction. For attachment purposes, a “nonresident” is a natural

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Writ of Attachment to Enable Judgment Collection

In my October 15, 2013 blog post, I dealt with using debtor examinations, after securing a judgment, as a way of determining what assets the judgment debtor (i.e. losing party) owns.  In this post, I would like to rewind to the time period before the judgment is secured.  I have found that pursuing a Writ of Attachment Order, during a lawsuit, is one effective way to prevent a defendant from transferring his assets during the lawsuit.  In doing so, the plaintiff is able to ensure that, in the event that the plaintiff secures a judgment, a defendant has assets to collect upon. Under Code of Civil Procedure, Section 483.010, a plaintiff can obtain a Writ of Attachment where: (1) the claim is based upon a contract,

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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