Many creditors are put into a tough situation because their court case is moving slowly, but they are aware that the debtor is taking action that will make the lawsuit meaningless. Examples include a lawsuit that involves perishable items or collateral that is quickly declining in value because it is in the debtor’s possession. These emergency situations may allow the creditor to use extraordinary measures to seize the debtor’s property before the court has rendered a judgment.
One pre-judgment tool that is available to creditors in Arizona is the attachment procedure. The writ of attachment instructs the sheriff to seize, hold, and protect the debtor’s property to satisfy the creditor’s potential judgment. A writ of attachment can be used for both personal and real property.
Below are 4 common scenarios in which a court may grant a writ of attachment:
- A lawsuit based upon contract for payment of money that is not fully secured by collateral.
- A lawsuit pending for damages and the defendant is about to dispose of or remove the collateral out of the applicable court’s jurisdiction.
- A lawsuit for damages upon a contract against a defendant not residing in Arizona (or a foreign corporation doing business in Arizona).
- A lawsuit upon a judgment of any state.
If you are interested in learning more about the use of a writ of attachment, contact the attorneys at Windtberg & Zdancewicz, PLC to schedule an appointment.
The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation. We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.