Freezing assets before judgment, on strict conditions and usually with a bond.
Esshaki Legal Media TeamCurrent as of February 2022
Prejudgment remedies secure a potential judgment before the merits are decided.
Because they deprive a defendant of property without a final determination, they
are hedged with procedural protections.
Attachment places a lien on property, generally requiring statutory grounds
— the defendant is absent or concealing assets, is disposing of property to
defraud creditors, or is a non-resident — plus a showing on the merits.
Garnishment before judgment is available in some states on similar showings.
Injunctions against asset dissipation are available where the claim itself
is equitable or seeks specific property; a general prejudgment freeze in aid of
a damages claim is unavailable in federal court under longstanding authority.
Notice and hearing. Ex parte issuance requires a showing of exigency, and
must be followed promptly by an opportunity to be heard. Statutes lacking those
protections have been invalidated on due process grounds.
Bond. The applicant must generally post security for damages if the remedy
proves wrongful. Wrongful attachment claims are real and can exceed the
underlying dispute.
Notice of pendency in real property cases gives constructive notice of the
claim and is available where the action affects title to or possession of the
property — not for a money claim that a plaintiff hopes to satisfy from the
land.