Prejudgment Attachment

My article with Bob Warchola, Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation: Securing Assets Prior to Judgment-East of the Mississippi, is now up on the Shumaker, Loop and Kendrick website.  Here is the summary of how Prejudgment Attachment works in Florida:

Florida law provides that a judge may issue a writ of attachment “when the debtor (1) Is actually removing the property out of the state; (2) Is fraudulently disposing of the property to avoid the payment of his or her debts; [or] (3) Is fraudulently secreting the property to avoid payment of his or her debts.” Fla. Stat. § 76.05, 76.03 (2012). The plaintiff must show grounds for attachment “by a verified complaint or a separate affidavit.” Fla. Stat. § 76.08. A bond equal to double the value of the attached property is required. Fla. Stat. § 76.12.

A defendant “by motion may obtain the dissolution of a writ of attachment unless the plaintiff proves the grounds upon which the writ was issued and a reasonable probability that the final judgment in the underlying action will be rendered in the plaintiff’s favor. The court shall set down such motion for an immediate hearing.” Id. § 76.24.

The full article is available here:

Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation: Securing Assets Prior to Judgment-East of the Mississippi