Provisional remedies are an important part of the legal process in the California law system. For lawyers, this represents an opportunity to provide their clients with a temporary relief before the permanent order rolls in. In context of a business provisional remedies are meant to act as a pre trial or a pre judgment court order which can maintain the status quo of the cases. This may be important for a performance based business since any delay in the decision case which halts their working can bring about considerable economic ruin.
Each and every penny for a business is important and lost time waiting for the final decision of the court is an even valuable commodity to lose. As the best California business law firm will tell you, there are certain ways provisional remedies are famously used. Here is a list of five of the famous uses of provision remedies.
1. Use as a Preliminary Injunction
This is also called a temporary injunction and is fairly common in business cases. The aim of using this remedy is to maintain the status quo that was in place before the legal dispute took place. Preliminary injunctions are one of the most widely used remedies by top lawyers working for the best California business law firm. Lawyers realize the importance of keeping thing as they were for business even if it is a temporary order.
2. Use of Receivership
Receivership is basically an extra ordinary remedy where by the court orders that the property in dispute be placed under the dominion, control and management of an independent part. This is done largely because the court of either of the two businesses fear that the property might be hidden, harmed, or lost as a result of it continuing to remain in the control of one of the parties.
3. Using the Remedy of Garnishment
This is one of the most extra ordinary measures taken by the court. A garnishment order can sometimes be used under the garb of preliminary remedies as long as the lawyers of one of the parties can prove to the court that there is an urgent need for it to happen. This remedy is almost always restricted to cases that involve business that are debtors and businesses that are creditors.
4. Using the remedy of Attachment
This is another drastic order that can often be use by one party against the other to make them comply to court order or to take the court proceedings seriously. Attachment is not an age old remedy and as the best California business law firm will tell you this remedy involves the judge ordering the court to seize the property of the defendant unless they comply.
5. Using the remedy of Replevin
This preliminary remedy is used by the courts in cases where the parties are not seeking monetary compensation. Sometimes inventories, property, shares etc. can hold more significance to a party than monetary compensation. This is why sometimes lawyers can turn to using replevin as part of the preliminary remedies to wrestle back control of their assets and to protect them from falling into the wrong hands.
The use of provisional remedies is no joke. Only top lawyers working for best California business law firm can make the most of these remedies.
