The Twelve Days of Tort Law: Prejudgment Remedy

On the seventh day of Christmas, a marshal served on me! An application for prejudgment remedy!

Welcome to part seven of The Law Office of Christopher J. Mutchler’s festive twelve part pseudo-satirical series on Connecticut personal injury law: prejudgment remedy. Hopefully, you read Part Six of our series and you already know why you’re being sued. If not, you can check it out here:

What is a prejudgment remedy? Connecticut is one of very few states that allows an injured person to secure “collateral” for their injuries in certain situations. The Court’s order that such collateral be secured is called “prejudgment remedy,” and is governed by Chapter 903a of the Connecticut General Statutes (Conn. Gen. Stat. §§ 52-278a, et seq.). If the court finds that there is probably cause that judgment will be rendered in the amount sought, it may order an attachment of assets before the case even gets to trial.

The consequences of this are absolutely huge. If the case against you is strong enough, you can be forced to pay out damages almost immediately. Prejudgment remedy is thus often used as a tool to quickly force a settlement. If your dog did enough damage, your home could be liened; why fight it for years when you may be able to settle for less?

As always, nothing contained herein is intended as advice on any situation, and is simply insufficient to replace the advice of competent legal counsel. If you have been served with an application for prejudgment remedy, you should contact a lawyer as soon as possible. If you have been injured, only a licensed Connecticut attorney can determine whether prejudgment remedy may be appropriate in your case.

Life’s not always fair, but it may be fairer than you think it is. You shouldn’t have to suffer over someone’s else’s error. If you’re in a bind, the Law Office of Christopher J. Mutchler may be able to help.

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