Pre Judgment Attachment (Detinue)

Question 1

A prejudgment lien is obtained by petitioning the court for a…

Answer 1

“writ of attachment” also called “detinue”

Question 2

What are prejudgement attachments issued for?

Answer 2

1. issued ancillary to suit; or
2. Issued to commence suit and establish jurisdiction.

In either case, the plaintiff must post bond.

Question 3

You must have ____ for a writ attachment.

Answer 3

Grounds.

Question 4

What are the grounds for a writ attachment?

Answer 4

1. Defendant is a non-resident or a foreign corporation.
2. Fraudulent conveyance has happened or is about to happen.
3. Defendant is going to move property out of state, or
4. Defendant is leaving state to be domiciled elsewhere.

Question 5

To lien personal property, there must be a proper ____ on personal propertty in defendant’s possession.

Answer 5

levy

Question 6

To lien personal property in a third partty’s possession, the third party must be…

Answer 6

joined as a co-defendant in the underlying lawsuit.

Question 7

After prejudgement attachment, the creditor has…

Answer 7

an unconsummated lien.

Question 8

A lien is consummated when..

Answer 8

the plaintiff wins a judgment.

Question 9

Consummation of a prejudgement attachment gives the creditor…

Answer 9

priority in the property against third parties.

Question 10

How far back in time is the consummated creditor’s priority against third-parties?

Answer 10

back to the time of attachment.

Question 11

In order for the creditor’s lien to be good against a bona fide purchaser of real property,, the creditor must file a ___ _______ prior to the purchase.

Answer 11

lis pendens

Question 12

What is a lis Pendens

Answer 12

a document placed in the real estate recording office indicating that real property is subject to litigation.

Question 13

To comply with due process, the plaintiff who wants a writ of attachment must…

Answer 13

1. File with a judge
2. Allege specific facts supporting grounds for attachment. No blanket allegations.

Question 14

What happens after the plaintiff meets his due process obligations for a writ of attachment?

Answer 14

The judge will have an ex parte hearing.

Question 15

Defendant has __ days to challenge the lien.

Answer 15

10

Question 16

The defendant can get the judge to quash the lien if:

Answer 16

1. The lien is invalid. (e.g. a judge issued a writ based on legally improper grounds for the lien)
2. The lien is unsupported. (This means the reason given for the lien is valid in theory, but the facts to back it up aren’t true or don’t exist.)
3. The plaintiff is unlikely to prevail in the underlying lawsuit.