Recover Losses While Preventing Further Loss Through Prejudgment Attachments
Prejudgment attachment in Ohio is governed by the Ohio Revised Code and is used to ensure that property is disposed of or not wasted to the detriment of a creditor. It requires that a plaintiff initiate a separate legal proceeding prior to attachment. Ohio Revised Code 2715.01 specifies when you can exercise prejudgment attachment and makes it clear that prejudgment attachment may be obtained only pursuant to this section. Unless a creditor can meet the requirements of this statute the court will not grant the order. Using a prejudgment attachment can be a tactic to get the debtor to settle. It is important that you consult with an attorney before considering prejudgment attachment.
Ohio Collections Law Firm Pursues Prejudgment Remedies On Behalf Of Creditors
Prejudgment remedies in high-risk collection cases provide ways for plaintiffs in collections cases to petition in a court to freeze assets or secure property in anticipation of a lawsuit. The collections law firm of Delev & Associates, LLC, in Cincinnati, represents entities of all sizes in prejudgment attachment cases as well as post-judgment relief. Our decades of experience as well as our determination to succeed on our clients’ behalf are strong drawing points for clients seeking legal counsel and representation in the area of collections.
It is not uncommon for a defendant in a collections case to disperse funds or hide property at risk of seizure. Prejudgment attachments can prevent wanton waste or fraudulent handling of targeted assets.
Prejudgment attachment or provisional attachment permits the seizure of a defendant’s property to protect and ensure recovery on the judgment through sale of the seized property. Under Ohio law, prejudgment attachments are available only in a civil action for the recovery of money. A prejudgment attachment is issued by a court before the plaintiff proves his case. A prejudgment attachment also protects a plaintiff’s ability to collect on a monetary judgment.
In addition, a prejudgment action may take the form of a temporary restraining order to prevent a debtor from disbursing any of appellant’s assets. This legal remedy usually does not allow the plaintiff to take possession of the property.
Delev & Associates, LLC, can file a motion to the court, petitioning the court to prevent fraudulent conveyance of money or property by issuing and enforcing a prejudgment action such as wage garnishment or a bank account levy.
Contact Us To Discuss Prejudgment Remedies And Collections With An Attorney
One of our collections lawyers can evaluate your case and recommend a course of action if you or your company is owed money or has the right to recover property because of a breach of contract. Call 800-593-8453 or 513-277-0816, or email us to learn how we can help.
From offices located in Cincinnati, lawyers of Delev & Associates, LLC, proudly serve businesses and collections agencies throughout Ohio.