Prejudgment remedy definition

Prejudgment remedy means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt.
Sample 1Sample 2Sample 3
Prejudgment remedy. ’ means the rem-
Sample 1Sample 2Sample 3
Prejudgment remedy means the remedy of
Sample 1

Examples of Prejudgment remedy in a sentence

  • Prejudgment remedy proceedings “are only concerned with whether and to what extent the plaintiff is entitled to have property of the defendant held in the custody of the law pending adjudication of themerits of that action.” Benton v.


More Definitions of Prejudgment remedy

Prejudgment remedy means any remedy or combination of remedies that enables a person by way of attachment, foreign attachment, garnishment or replevin to deprive the defendant in a civil action of, or affect the use, possession or enjoyment by such defendant of, his property prior to final judgment but shall not include a temporary restraining order.”
Sample 1
Prejudgment remedy means any remedy or combination of remedies that enables a person by way of attachment, foreign attachment, garnishment or replevin to deprive the defendant in a civil action of, or affect the use, possession or enjoyment by such defendant
Sample 1
Prejudgment remedy means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt.[Note that under # (4) (supra), the “debtor” can be either 1) the person actually liable for a debt; or 2) a person who is not liable but against whom a “claim” is made.Note that under (11), property can be garnished against the “garnishee” before the “merits” of the claim for a debt (in which the garnishee may not be the actual debtor) has been decided. In other words, there is an implication that the gov-co could seize property of a “garnishee” (“Adask”) based on a “claim” against the actual debtor (“ADASK”) the merits of which had not yet been determined by a court—all based on some “reasonable belief” that “Adask” (garnishee) had possession, custody, or control over some property registered to “ADASK”.Get that? IF that conjecture were valid, it would mean that the gov-co could seize your property on nothing more than the gov-co’s “reasonable” belief that you possessed, held or controlled some of “ADASK’s” property based on an unadjudicated “claim” against “ADASK”. I.e., once they make the claim against “ADASK,” they might be authorized to seize any property in the control, possession of “Adask”.Whew. Does this conjecture conform to observed reality? ]
Sample 1

Related to Prejudgment remedy

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Hearing means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

  • Alternate Judgment means a form of final judgment that may be entered by the Court herein but in a form other than the form of Judgment provided for in this Stipulation.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Protective proceeding means a proceeding under the provisions of part 4 of article V.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Youth court means the court established pursuant to this chapter to hear all proceedings in

  • Final Judgment means the Judgment Entered by the Court upon Granting Final Approval of the Settlement.

  • Litigation as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Xxxxxxx’s financial condition.