Pre-Judgment Lien, Out of State Property
I have a case with inadequate insurance coverage but the defendant has personal assets. Can I get a pre-judgment lien on the assets?
Answer: Prejudgment seizure or detention of property is pretty much prohibited by Fuentes v. Shevin; Parham v. Cortese, 92 S.Ct. 1983 (1972): Replevin statutes of Florida and Penn. permitting replevin before Judgment held unconstitutional as deprivation of procedural due process, under 14th Amendment.
Posted on Mon, June 9, 2014
by Travis Law Office filed under