One of the most frustrating things a businessperson or entrepreneur faces is trying to recover monies from a party who has breached a contract. The business is already out money and is now confronted with having to pay more money to lawyers to try to recover the sums owed by a party who has proven his or her unwillingness to pay in the first place. The situation is far worse if the business’s claim is unsecured.
Fortunately, the law in California provides a mechanism to create security for the claim by operation of something called “the Attachment Law.” That body of law allows a court to issue an order—called a writ of attachment—that seizes the defendant’s property until the case goes to trial. When the business prevails on its claim in trial (or by motion for summary judgment), the attached property can be used to satisfy the judgment.
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