Prejudgment Remedies

The collection lawyers at The Dushkin Law Firm make use of prejudgment remedies (sometime referred to as “extraordinary relief”) when needed to collect business and commercial debts.  Depending on the specific facts of a case, prejudgment remedies available under Texas law may include writs of sequestration, writs of attachment, writs of garnishment, temporary restraining orders (“TRO”) and temporary injunctions.  These procedures may be employed in an appropriate case to allow a creditor, before judgment, to preserve or reach secured collateral or the debtor’s non-exempt assets for satisfying the creditor’s future judgment.

Prejudgment remedies are not for use in all collection cases.  They can be very costly, both in terms of attorney fees and court costs.  (The procedures typically require the filing of a written pleading to request the writ or injunctive relief, affidavit(s) to supply evidence of the requirements for issuance of the writ or injunctive relief, a hearing before the Court to determine whether the writ or relief should issue, and hearings on the proper disposition of the property subject to the writ.  The creditor will normally have to post a bond to obtain the writ or injunctive relief.  The creditor will also incur costs to move and store the property that is subjected to the writs.)  In addition, the wrongful use of these remedies can result in a costly counterclaim or suit by the debtor against the creditor.

Our collection attorneys work with our clients to develop a practical and cost-effective action plan for their collection, so that our clients understand their options and can make sensible business choices regarding their legal matters, including whether the use of prejudgment remedies may be needed or cost effective.