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Provisional Remedies in the US Legal System

Provisional Remedies

When a legal dispute arises, the parties involved may seek provisional remedies to help protect their interests while the case is pending. These remedies are typically granted by a court in order to prevent major harm from occurring while the lawsuit is ongoing.

There are a variety of provisional remedies available, and each one is tailored to address specific issues that may arise during a dispute. If you are party to a legal battle, it is important to understand the different types of provisional remedies and how they can help you protect your interests.

Why Are Provisional Remedies Needed in the US Legal System?

Provisional remedies are needed in legal system of the United States of America because it is not possible to enforce every law at all times. An injunction is used where appropriate, or other forms of provisional remedies that may be available under local law.

A provisional remedy simply delays punishment for breaking the law (i.e., issuing an injunction preventing someone from engaging in some action). They’re often issued by courts on a temporary basis until their claim can be heard and resolved, at which point the person with the superior claim usually has priority over what remedy to request next.

Provisional Remedies in the US Legal System

provisional remedies

There are many provisional remedies in the US legal system. One of the most common is an injunction or restraining order.

A judge can issue one if they find that someone is threatening to cause you physical harm, harassing you verbally or telephonically, stalking you, invading your privacy, damaging your property (physical and/or intangible), etc.

In addition there are some other remedies which are garnishment, attachment, receivership, a notice of pendency, replevin, and other temporary injunctions.

  • Garnishment: Garnishment is a post-trial order, in the US federal court system, whereby funds are taken from someone’s bank account to pay their debt. This way you don’t have to be worried about whether an individual will get paid for the amount owed.
  • Attachment: Attachment is a legal device that can be used to get back property from someone who owes you money. In order for attachment to work, it must be backed up with other enforcement mechanisms such as interdictory steps and escheatment.
  • Receivership: A receivership is a legal procedure for an appointed (court-appointed, not appointed by the subject of the procedure) third party to manage the business affairs of another enterprise or individual. Receivership is one step short of bankruptcy, and may be used when it’s impossible to continue managing the company on behalf of stockholders without further mismanagement, insolvency, or violation of the law.
  • Notice of Pendency: A notice of pendency is a procedural requirement to formally notify other parties who may be affected by the litigation, or may have an interest in property which could be affected by the litigation. The purpose of these notices is to inform officials that property disputes between parties will require adversarial proceedings and may necessitate various forms of seizures or liens on property to ensure that beneficiaries inherit the correct shares.
  • Replevin: Replevin is used to gain possession of property that was wrongfully taken or kept from the rightful owner by another party, usually pending a judgment in court. In these cases, a replevin writ may be used to take property seized wrongfully without going through the full process of issuing and serving an order for seizure and then waiting for trial where there’s no guarantee that property will be returned if it’s found to have been obtained improperly.

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