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Debt Collection - Can I seize Assets before I get Judgment?

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Many people ask if they can seize the assets of a debtor or get some sort of a restraining order BEFORE the Court case.

The simple answer is YES but only if you get a Court order allowing you to do so and then you will only get such an order if you can show a real possibility that the debtor is going to hide or spend his assets. 

Our Courts will only grant pre-judgment restraining orders or preservation orders in circumstances where there is evidence that assets will be transferred or spirited away. 

 

This is generally known as the Mareva injunction principle (which was a common law order) but they are now allowed for under the District Court Rules or the High Court Rules.  

 

See our particular topic entitled -

 

Mareva Injunctions - A Civil Restraining Order

 

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