Attorney Jack Collins
successfully defended a client during a 2 day prejudgment remedy trial where the plaintiff was seeking to attach almost $200,000 of our client's assets. In this matter the judge, not a jury, had to determine if it was likely that the plaintiff would be successful with his law suit. The purpose of a prejudgment remedy application is to "tie up" property of a defendant.
The plaintiff's claims for conversion, quiet title, statutory theft and breach of contract were presented through documentary evidence and numerous witnesses. Collins relied upon cross examination of the plaintiff's witnesses to argue that the plaintiff had not proven his claims. Attorney Ray Baribeault provided pre-hearing legal analysis and insight. The court agreed that "probable cause" had not been established by the plaintiff and denied the plaintiff's PJR application.
While most PJR hearings are relatively short, and often unopposed, this matter was vigorously defended, resulting in a satisfying victory for our very pleased client.