In civil lawsuits, time can be a serious problem for creditors. While a case is moving through the court system, a debtor may try to hide, sell, or move assets. This is where prejudgment remedies in Texas become very important. These legal tools allow a creditor to protect property or money before the court issues a final judgment.

A prejudgment remedy Texas is not meant to punish the defendant. Instead, it is designed to preserve assets so that a successful lawsuit result is meaningful. Without these remedies, a creditor could win a case but still be unable to collect what is owed.

What Are Prejudgment Remedies in Texas?

Prejudgment remedies Texas refer to special court actions that can be requested at the beginning or during a lawsuit. These remedies allow a court to temporarily control or restrict a defendant’s property. Because these actions affect property rights before a final decision, courts apply strict rules and require strong evidence.

In most cases, the creditor must prove there is a real risk that the debtor will move or damage assets. The court may also require the creditor to post a bond to protect the defendant if the remedy turns out to be unnecessary or wrongful.

Common Types of Prejudgment Remedies in Texas

Texas law recognizes several types of prejudgment remedies. Each one serves a different purpose and is used in specific situations.

Injunctive Relief

Injunctive relief is a court order that stops a party from taking certain actions. This may include selling property, transferring money, or changing ownership of assets. Courts often issue a temporary restraining order first, followed by a temporary injunction after a hearing.

This type of prejudgment remedy Texas is often used when quick action is needed to prevent serious harm. The goal is to maintain the situation as it is until the court can fully review the case.

Sequestration

Sequestration allows a creditor to take possession of specific property during a lawsuit. This remedy is usually used when the creditor already has a legal interest in the property, such as under a contract or security agreement.

If there is a risk that the property will be hidden, damaged, or removed from the state, the court may issue a writ of sequestration. The property is then held safely until the case is resolved.

Attachment

Attachment is a broader remedy that allows a creditor to seize a defendant’s property even if there is no prior security interest. To obtain attachment, the creditor must meet strict legal requirements and show that normal collection methods may fail.

This form of prejudgment remedies Texas is commonly used when a debtor appears to be avoiding payment or preparing to leave the state. Courts review these requests carefully because attachment can strongly affect the defendant’s finances.