Writes of Sequestration, Replevin, Garnishment, and Turnover Orders
Understanding the process of obtaining extraordinary writs, in either the pre-judgment or post-judgment context, is essential in maximizing your litigation recoveries. We have successfully handled numerous cases involving these infrequently understood and often misunderstood and under-utilized remedies.
A writ of sequestration is available to capture and hold under protective custody a piece of chattel property or equipment. A replevin may be obtained to return property that has been sequestered. Under certain circumstances, accounts can be garnished, even before a judgment has been obtained.
Another very effective but often overlooked remedy is the imposition of a constructive trust or the appointment of a receiver to take over a debtor’s business when that business is operating but insolvent and cannot pay its debts as they become due.