Prejudgment Remedies in Texas

Articles / April 18, 2007

Houston partner Douglas D'Arche, who practices in the areas of complex business and commercial litigation, authored an article titled, "Prejudgment Remedies in Texas."

According to D'Arche: "Prejudgment Remedies are an effective, yet sometimes risky, means of collecting judgments in the State of Texas.  Most of these remedies can be obtained on an ex parte basis without giving any notice whatsoever to the Debtor.  As a result, there are safeguards built into the process that allow a Debtor to recover damages if the Creditor does not proceed with care."

D'Arche goes on to state: "The purpose of most pre-judgment remedies is to secure money or property prior to rendition of a final judgment.  These remedies are often used in instances where there is a danger that the Debtor will not have the money or property by the time the final judgment is rendered.  From a practical standpoint, the vast majority of the time, the dispute will be quickly resolved when the Debtor discovers what has occurred."

The article goes on to describe the procedures for obtaining the "three significant pre-judgment remedies that are most commonly used: Garnishment, Sequestration and Attachment."

Click here to view the full article (PDF format).