Author: Me Cong Lin Wang
Have you ever found yourself in a difficult legal dispute with someone, where you suspect that the other party may be acting in bad faith and trying to avoid paying what they owe or fulfilling their obligations? If so, you may be concerned that they could try to sell or transfer assets before the conclusion of the legal proceedings, leaving you unable to recover what you are owed. Seizure before judgment is a legal procedure that can be used in civil and family law cases. It is a tool that allows one party to take legal action against another party in order to seize their assets before a legal judgment is made.
In civil law, the party initiating the legal action, often referred to as the plaintiff, may use seizure before judgment to gain an advantage in the legal proceedings.
By preemptively seizing assets, the plaintiff can ensure that they are able to recover what they are owed if they win the case. This provides a sense of security to the plaintiff and can also act as a deterrent to the defendant.
In family law cases, seizure before judgment can be used to protect family patrimony property during divorce proceedings. Family patrimony property includes assets acquired during the marriage, such as the family residence.
For example, John and Jane are getting divorced and own a family patrimony property that includes their home and other assets. Jane suspects that John may be hiding assets and decides to pursue a seizure before judgment to prevent him from selling or transferring the property before the divorce is finalized. The judge grants Jane's request, and the property is seized and placed in the custody of a third party until the division of property is determined. This protects Jane's interests and ensures a fair outcome in the divorce proceedings.
Seizure before judgment can ensure that both parties receive a fair share of the assets and can prevent one party from hiding or disposing of assets during the proceedings.
It is important to note that seizure before judgment can have significant consequences for the party whose assets are being seized, so it should be used carefully and only in situations where it is justified. The party whose assets are seized has the right to challenge the seizure if they believe the allegations supporting the seizure are insufficient or false.