Prejudgment Attachment

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My article with Bob Warchola, Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation: Securing Assets Prior to Judgment-East of the Mississippi, is now up on the Shumaker, Loop and Kendrick website.  Here is the summary of how Prejudgment Attachment works in Florida:

Florida law provides that a judge may issue a writ of attachment “when the debtor (1) Is
actually removing the property out of the state; (2) Is fraudulently disposing of the property to
avoid the payment of his or her debts; [or] (3) Is fraudulently secreting the property to avoid
payment of his or her debts.” Fla. Stat. § 76.05, 76.03 (2012). The plaintiff must show grounds
for attachment “by a verified complaint or a separate affidavit.” Fla. Stat. § 76.08. A bond
equal to double the value of the attached property is required. Fla. Stat. § 76.12.

A defendant “by motion may obtain the dissolution of a writ of attachment unless the
plaintiff proves the grounds upon which the writ was issued and a reasonable probability that
the final judgment in the underlying action will be rendered in the plaintiff’s favor. The court
shall set down such motion for an immediate hearing.” Id. § 76.24.

The full article is available here:

Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation: Securing Assets Prior to Judgment-East of the Mississippi

Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Constitutional Law Updates, Finance & Banking Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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