Unsecured C Options Bedore Judgment Is Obtained Flashcards
What would you do pre lawsuit?
Demand letter
Call them
Hold grad diploma
When do attachment liens occur?
Before judgment
Writ of attachment through court
Who gets an attachment lien?
Anyone w valid claim to specific personal property, debt, damage from breach of k, or tort damage
Attachment lien procedure
Writ of attachment
Judge reviews petition ex parte
Issues writ
Sheriff seized property and holds until end of suit
C files lis pendens
What will the sheriff seize?
That specific property
Enough random property equal to amount owed
What is a distress action
Action to recover rent by a landlord
SOL for distress action
5 years
What can landlord seize in distres action?
Goods on premises
Goods removed within last 30 days
Who can You get an attachment lien against
Foreign corp
Out of state D
D about to leave VA
D about to sell his shit with intent to hinder creditors
Property is likely to be sold