Writ of Sequestration

A writ of sequestration is generally sought in cases where there is a need to protect assets from being depleted or misused during ongoing legal proceedings. Common situations include:

Enforcing Compliance with Court Orders - If a defendant fails to comply with a court order, the court may issue a writ of sequestration to seize the defendant’s assets until compliance is achieved.

Securing Assets in Family Law Disputes - In family law cases, sequestration may be used to preserve property or financial assets during divorce proceedings to ensure they are distributed fairly.

Protecting Assets in Fraud or Insolvency Cases - When there is a risk that a defendant may hide or transfer assets to evade creditors, a writ of sequestration can safeguard those assets until the legal dispute is resolved.

Enforcing Contractual Obligations - If one party fails to meet contractual obligations and there is a risk of asset dissipation, sequestration can be used to secure the assets necessary for performance or compensation.

Issuing and enforcing a writ of sequestration involves several legal considerations, especially given its impact on the defendant’s rights to manage their property. Key legal issues include:

Proof of Necessity - Courts require clear evidence that sequestration is necessary to prevent harm or asset depletion. The plaintiff must demonstrate that without sequestration, there is a significant risk of asset loss that could impair the court’s ability to enforce its judgment.

Scope and Proportionality - The writ’s scope must be carefully defined to ensure that only the necessary assets are sequestered. Courts aim to balance the need for asset protection with the defendant’s right to use their property.

Appointment of a Sequestrator - A court-appointed sequestrator, often an independent third party, is responsible for holding and managing the sequestered assets. This ensures that the assets are preserved objectively and professionally.

Undertaking for Damages - Plaintiffs seeking a writ of sequestration may be required to provide an undertaking to cover damages if the sequestration is found to have been unnecessary or improperly executed. This protects the defendant from potential harm caused by the sequestration.

Challenging the Writ - Defendants have the right to challenge a writ of sequestration, arguing against its necessity, scope, or validity. Courts may modify or dissolve the writ if it is shown to be overly restrictive or unwarranted.

At ME Law, we provide expert legal support for clients seeking or defending against writs of sequestration, offering guidance throughout the complex process of asset protection and compliance enforcement:

Application for Writs of Sequestration - We assist plaintiffs in preparing and filing applications, presenting evidence to support the need for sequestration and demonstrating the risk of asset depletion.

Defense Against Sequestration - For defendants facing sequestration, we provide representation to challenge the writ’s necessity, scope, or validity, protecting their rights to property use and management.

Appointment and Oversight of Sequestrators - We coordinate with court-appointed sequestrators, ensuring assets are managed and preserved in line with court directives while remaining neutral and professional.

Modification and Dissolution - Our team assists clients in seeking modifications or dissolution of sequestration orders if they become overly restrictive, unnecessary, or if circumstances change.

Compliance and Reporting - We guide clients through compliance with sequestration orders and assist in required reporting, ensuring that all procedural requirements are met to avoid legal complications.

A writ of sequestration can be an essential tool for preserving assets during legal proceedings, but it requires careful handling. At ME Law, we offer tailored solutions to help you navigate the sequestration process, whether you’re seeking asset protection or defending your property rights. Contact us today to discuss your situation and protect your interests in complex legal disputes.