Marijuana litigation: writ of attachment
Last month, I wrote this postal Regarding the availability of fraudulent transfer claims under the Uniform Invalid Transaction Act, it may be that the cannabis judgment debtor (or will soon become the judgment debtor) begins to transfer their assets to avoid future payments. But what if you have these concerns when the lawsuit begins or is about to begin? The attached writ may be the answer.
Seizure is a pre-judgment remedy that allows the creditor (usually the plaintiff or cross-appellant) to obtain a lien on the defendant’s assets while the case is pending. First of all, I would say that it is difficult to win (see below for more details), and the process involves complying with extremely strict statutory and technical requirements. If you get an attachment, the attachment will provide huge leverage and motivation for the solution. They also enable you to become a secured creditor, which means you will have priority over other creditors of the defendant who may be in existence as the case proceeds.
Dependency is a statutory mechanism, as stipulated in Article 483.010 and subsequent articles of the Civil Procedure Law. It is the surgical part. Subsections (a) and (b) stipulate:
(A) Unless otherwise stipulated by regulations, attachments can only be issued in litigation against one or more monetary claims, each of which is based on an express or implied contract, and the total amount of claims is a fixed or easily determined amount , Not less than five hundred U.S. dollars (500 U.S. dollars), excluding fees, interest and legal fees.
(B) For agreements, statutes or other legal rules (including real estate mortgages or deeds and any statutory law, common law or real estate fair lien rights, but not subject to the “Commercial Code” Division 9 (starting from Section 9101) Any security interest in the restrained fixture. However, in the case of the original such guarantee claim, an attachment can be issued, but without any action by the plaintiff or the person accepting the guarantee, the guarantee has become worthless or reduced in value In this case, the amount guaranteed by the attachment shall not exceed the reduced amount or the difference between the value of the collateral and the amount claimed, whichever is smaller.
Therefore, in order to be eligible for the attachment, the claim must be:
- Based on an express or implied contract;
- A fixed amount in excess of US$500 or an easily ascertainable amount (“easy ascertain” usually means that a reasonably ascertainable basis is required to calculate damages)
- Unsecured or secured personal property (not real estate!), and
- Commercial claims.
If the above conditions are met, you can continue to apply for attachments. Please note that you will have to make a superficial request, and the court will have to make a preliminary ruling on the substance of the dispute. Because this requires minimal preliminary testing, the process is very time-consuming and expensive, especially if the defendant is actively defending. However, time and money may be worth it, because if time and money are gained, it will provide you with security, because it knows that there is something valuable to ensure your future judgment.