What is a pre-judgment remedy?

A pre-judgment remedy is a form of legal relief to protect an individual or entity from a potential adverse decision in an active case. Generally, this remedy is used in debtor and creditor law cases in Florida, and is available to both parties before a judgment is made. The most popular pre-judgment remedies include injunctive relief, attachment, garnishment, and replevin. Injunctive relief is a court order an individual or entity can seek that prohibits someone from taking a specific action. Attachment is a court order that seizes a party’s assets before they can be dissipated, or hidden, before a judgment is made. Garnishment is a court-ordered seizure of money or assets, such as wages, from someone’s bank account. The money or assets seized can be used to pay part or all of a debt. The last remedy, replevin, is a court order that allows for a party to take possession of property that was allegedly stolen or wrongfully taken. Pre-judgment remedies are a great way to protect a party’s rights before a court decision is rendered. They help ensure fair treatment and equitable remedies. These remedies are usually only granted if there is evidence to support the fact that the debtor may not be able to pay the debt before the trial ends.

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