Attachment Of Assets
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Attachment Of Assets
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Author : Lawrence W. Newman
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-03-01
Attachment Of Assets written by Lawrence W. Newman and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-01 with Law categories.
Practitioners from leading firms in over 90 countries provide practical information about procedural and substantive issues regarding attachment of assets. Because the availability of attachments in advance of judgments can make the difference between success and failure in a lawsuit for money damages, and because attachments may often be obtained in places far removed from the venues of proceedings on the merits, it is important for litigation counsel to be aware of the potential for multi-jurisdictional assaults on the assets of their clients or of their clients’ adversaries. Attachment of Assets is designed to give practical information and guidance to lawyers and businessmen who are interested in securing expected future judgments and in making strategic decisions concerning the deployment of moveable assets in the face of possible attachments of them. The chapters, each discussing the requirements of a separate country, are written by lawyers with practical expertise in this field. The procedure by which attachments are obtained vary, ranging from court orders authorizing a court official to take custody of a defendant’s assets to orders restraining the defendant from transferring his assets. The effects of such orders differ as well: some create a lien superior to those of other creditors and others do no more than immobilize the debtor’s assets, leaving them open to being levied upon by later-arriving judgment creditors. Countries vary in the ways in which they permit attachments to be carried out -- whether, for example, all of the banks in a given city may be served with attachment notices or orders. They vary as well with respect to the information that is imparted to the attaching creditor after attachment orders have been served. Some rules make available to creditor information concerning the value of assets on which they have successfully levied, while others leave creditors in the dark, or dependent on informal hints from garnishees as to whether or not pay dirt has been struck. Most importantly, jurisdictional requirements for the issuance of attachment orders are not similar. Some countries permit attachments only if the defendant is subject to the jurisdiction of their courts with respect to the merits of the case. Others are less demanding, permitting attachments solely on the basis and to the extent of the presence of the assets successfully attached. It is probably fair to say that, in many foreign jurisdictions, the protection of creditors through fraudulent conveyance laws and the like is inadequate, or even, as a practical matter, unavailable. The enforcement of judgments is therefore often dependent on a creditor’s ability to obtain -- early, even prior to the commencement of a lawsuit -- a prejudgment attachment (or the equivalent) of his debtor’s assets. The extent to which attachments are obtainable in various countries of the world and the basis under which they may be obtained under local law are the focus of Attachment of Assets. Format of Publication: Organized in a uniform question and answer format that addresses the receptiveness of each country toward the attachment of assets; the procedural requirements for filing for attachment; reciprocity; treaty provisions; and defenses. Every Chapter is organized with the same special three part arrangement - allowing you to quickly and easily locate the information you need for each country. Part I contains a survey of the current attitude of each country’s courts and government toward the attachment of assets, including anticipated changes and recent cases. Part II discusses procedure the judgment creditor must follow to file for the attachment of assets in the other country, including translation of the judgment, currency conversion, attorneys’ fees and recovery of interest. Part III summarizes the requirements the judgment creditor must meet for attachment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent attachment.
Attachment Of Assets
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Author : Lawrence W. Newman
language : en
Publisher:
Release Date : 2004-01-01
Attachment Of Assets written by Lawrence W. Newman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with categories.
Finding Freezing And Attaching Assets
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Author : Jacob C. Jørgensen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-03-21
Finding Freezing And Attaching Assets written by Jacob C. Jørgensen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-21 with Law categories.
Because of the rise in cross-border disputes – and due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers – parties are increasingly finding themselves suing or being sued outside their home jurisdictions. This book is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and if so how to freeze such assets with the aim of eventually enforcing a judgment or award. Nineteen country chapters by lawyers with decades of hands-on experience in helping their clients find, freeze, and attach defendants’ assets provide practical guidance to legal professionals representing parties in cross-border commercial lawsuits, international arbitration proceedings, simple debt collection matters, enforcement proceedings, divorce proceedings, inheritance matters, and other legal matters where the assets in dispute are thought to be located abroad. Each contribution offers an overview of the pre-trial asset tracing techniques and rules regulating freezing orders and enforcement methods in the jurisdiction covered, describing not just what the law says but how the law actually works. The jurisdictions covered include several of the offshore havens that are frequently used to hide assets in. The authors attend to such issues and topics as the following: • investigating whether a potential counterparty owns vessels, aircrafts, motor vehicles, real estate, or intellectual property rights; • locating offshore trusts; • discovering assets transferred to a family member or corporate entity; • exposing sham investments designed to generate a (fictitious) loss of assets; and • invoking remedies available to a party facing asset shielding manoeuvres. This book will quickly become an indispensable tool for international litigators, arbitration lawyers, and lawyers involved in cross-border insolvency and debt recovery proceedings, as well as for academics and scholars involved in legal research projects or law reform programs. Renowned litigator Robert Shapiro says in his Foreword: 'The authors provide the reader with practical guidance into the complex area of cross-border asset tracing and do so in a very down-to-earth way, without the academic hyperbole that generally burdens modern legal textbooks.'
A Treatise On The Law Of Attachment And Garnishment
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Author : William Pratt Wade
language : en
Publisher:
Release Date : 1886
A Treatise On The Law Of Attachment And Garnishment written by William Pratt Wade and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with Attachment and garnishment categories.
A Treatise On Attachment And Garnishment
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Author : Rufus Waples
language : en
Publisher:
Release Date : 1885
A Treatise On Attachment And Garnishment written by Rufus Waples and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Attachment and garnishment categories.
The Law Of Attachment And Garnishment
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Author : Margaret C. Jasper
language : en
Publisher: Oxford University Press, USA
Release Date : 2000
The Law Of Attachment And Garnishment written by Margaret C. Jasper and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Business & Economics categories.
Defines and describes the characteristics of attachment and garnishment and how these tools are implemented. Safeguards, especially federal protections, are analyzed. The Legal Almanac series serves to educate the general public on a variety of legal issues pertinent to everyday life and to keep readers informed of their rights and remedies under the law. Each volume in the series presents an explanation of a specific legal issue in simple, clearly written text, making the Almanac a concise and perfect desktop reference tool. All volumes provide state-by-state coverage. Selected state statutes are included, as are important case law and legislation, charts and tables for comparison.
Practice On Attachment And Garnishment Of Property In The State Of Ohio
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Author : James Manford Kerr
language : en
Publisher:
Release Date : 1898
Practice On Attachment And Garnishment Of Property In The State Of Ohio written by James Manford Kerr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1898 with Attachment and garnishment categories.
The Law Of Attachment Garnishment
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Author : Joan F. Garrett
language : en
Publisher:
Release Date : 1995
The Law Of Attachment Garnishment written by Joan F. Garrett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
Arbitration In Switzerland
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Author : Dr. Manuel Arroyo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-06
Arbitration In Switzerland written by Dr. Manuel Arroyo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with Law categories.
Arbitration in Switzerland
Attachemnt By Direct Levy
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Author : William Pratt Wade
language : en
Publisher:
Release Date : 1886
Attachemnt By Direct Levy written by William Pratt Wade and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with Attachment and garnishment categories.