Strategic Use of Statutory Liens
When a client is deciding whether or not to file a lawsuit, it is important to analyze what assets a defendant has and whether the defendant will actually be able to pay-up after losing at trial. You can’t get water from a stone or blood from a turnip. Sometimes, a defendant has assets, but they’re extremely limited. In those cases, clients may be rightfully concerned that the defendant will start dumping assets once they sense litigation coming. Fortunately, under Article 35 in Chapter 1 of the North Carolina General Statutes, there is a mechanism to bring the defendant’s assets under the custody of the court until the conclusion of the case. Attachment is available in any case that is seeking to secure a judgment for money upon a showing that the defendant has an intent to defraud its creditors by disposing of the property or removing property from the state. Strategic use of the attachment process can greatly increase a client’s likelihood of actually collecting any judgment they are entitled too, removing a significant source of uncertainty that comes with filing a lawsuit.