Happy Thanks – taking!

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Happy Thanks – taking!

December 5, 2014

happyEndingAh, the holidays.  Tis the season of giving.  But for many lawyers and their clients, giving is not on their minds.  The client has been wronged and wants justice.  But the wheels of justice often turn very slowly, especially around the holidays.  The client wants results, but there is nothing to be had.

It doesn’t always have to be that way, especially in business disputes.  There are things that can be done to advance the ball down the field.  Even some of the most seasoned attorneys sometimes forget about the “extraordinary remedies” that Texas law affords litigants, particularly in suits involving money or property.  

Here are some of the most common “extraordinary remedies” which lawyers often overlook, but which can be extremely effective during the course of litigation:

  1. Writ of Attachment.  Owed money by an out-of-state resident or an individual who is about to move out of state?  Fearful that the party you have sued will transfer property out of the state to avoid payment of a debt?  Owed money for property taken from you under false pretenses?  Get the court to issue a writ of attachment. The writ is an order from the court which enables you to seize property before judgment to secure payment of a probable judgment on an otherwise unsecured debt.  You’ll have to put up a bond in an amount ordered by the court, but it’ll probably be worth the effort.
  2. Writ of Sequestration. Someone have possession of your personal property but won’t give it back, and there’s a good chance the person will destroy or move the property out of the county during the suit?  Get the court to issue a writ of sequestration.  The writ is an order form the court to a constable or sheriff, requiring them to seize the subject property.  You’ll have to put up a bond in an amount ordered by the court, but again, it’ll probably be worth the effort.
  3. Writ of Garnishment.  Owed a debt that is unpaid and the debtor does not have property in Texas sufficient to satisfy the debt?  Go with the writ of garnishment.  The writ of garnishment is similar in several respects to the other writs described above, and allows you to impound funds in the hands of the garnishee (like a bank).

All of the above writs are considered harsh remedies by the courts, and so care must be taken to ensure that strict compliance with all of the requirements for obtaining them.

Happy Thanks-taking!

Written By: Alex Beard

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