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.
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Prejudgment remedy. ’ means the rem-
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Prejudgment remedy means the remedy of
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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.”
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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
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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? ]
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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;

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • the other party means, with respect to the Company, Parent and means, with respect to Parent, the Company.

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • 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

  • Actions or Proceedings means any action, suit, proceeding, arbitration or Governmental or Regulatory Authority investigation or audit.

  • Court of Appeal means the division of the Supreme Court referred to in section 7(1)(b);

  • Breach of Security means the occurrence of unauthorised access to or use of the Premises, the Services, the Contractor system or any ICT or data (including the Authority’s Data) used by the Authority or the Contractor in connection with this Contract.

  • Protective proceeding means a judicial proceeding in which a protective order is sought or has been issued.

  • Consent Judgment means a state-specific consent judgment in a form to be agreed upon by the Settling States, Participating Subdivisions, and Xxxxxxx prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section IV, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.

  • 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;

  • Relief means any loss, relief, allowance, exemption, set-off, deduction, right to repayment or credit or other relief of a similar nature granted by or available in relation to Tax pursuant to any legislation or otherwise;

  • Other Parties shall have the meaning set forth in Section 10.7(c).

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

  • Final Judgment means the Final Judgment and Order to be entered by the Court approving the Agreement after the Final Approval Hearing.

  • Expert advice or assistance means advice or assistance derived from scientific, technical, or other specialized knowledge.

  • The judge means the judge or the substitute judge of the juvenile and domestic relations district

  • Action or Proceeding means any lawsuit, proceeding, arbitration or other alternative resolution process, Governmental Authority investigation hearing, audit, appeal, administrative proceeding or judicial proceeding.

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • Alternative Judgment means a form of final judgment that may be entered by the Court but in a form other than the form of Judgment provided for in this Stipulation and where none of the Parties hereto elects to terminate this Settlement by reason of such variance.

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;