Articles Tagged with Business Litigation

Many Los Angeles business owners find themselves forced into litigation in order to enforce their legal rights as creditors. There are many legal tools available to enforce these rights: liens, levies, garnishments, and charging orders are just a few of many examples. These and other tools can be used to allow a creditor access to a debtor’s assets in order to satisfy debts that have been recognized by a court. An experienced Los Angeles corporate attorney can help you determine which tools will best enforce your company’s legal rights against its debtors.Asset-Protection-300x200

A writ of attachment is a particular tool which is used to protect specific assets from being disposed of before a judgment is reached. The writ of attachment is a legal order issued by a court to a law enforcement agent. A writ of attachment is typically requested soon after a case is filed (in order to freeze the defendant’s assets while the case is pending).  A writ of execution is issued at the end of a case after the judgment is reached, in order to enforce a judgment debt that has been awarded to the creditor. The California Code of Civil Procedure establishes the procedures for obtaining a writ of attachment. Section 487.010 specifies the property which is subject to a writ of attachment, including interests in real property, accounts receivable, equipment, farm products, inventory, final money judgments, money on the premises of the debtor’s business, negotiable documents of title, instruments; securities, and natural resources (such as minerals, oils, or gases) on the debtor’s property.

How a Writ of Attachment Can Help Your Business

California business litigation is a long and complicated process. It is important to have an experienced litigator assess your case and review your lawsuit complaint to ensure that the process is done correctly from the start. This blog post goes over the process, and how an experienced California business litigation attorney can protect your company’s legal interests.litigation-300x139

The Stages of Business Litigation

The first step in business litigation is to prepare a California business lawsuit complaint and file it with the appropriate court. The complaint should specify the exact legal harm that has been suffered and the relief sought by the plaintiff. This will generally take the form of an estimate of the financial damages suffered as a result of the legal harm. Once the complaint has been filed, the lawsuit has officially started. The complaint must then be served upon the opposing party. That party has a short window in which to file an official response to the complaint.  If they fail to do so, the complaining party may ask the court for a summary judgment to get their requested relief. The vast majority of defendants answer lawsuits in a timely manner. Summary judgments on service grounds are, therefore, rare. Once an answer has been filed, the next phase of the lawsuit begins.