On the heels of my last post discussing the limited situations under which a lawsuit can be filed against a cannabis business owner, today’s post will kick off a series of other ways you can protect yourself and exert leverage in a lawsuit. This is a key question as so many in the cannabis industry are hurting and have limited capacity to litigate OR to settle their disputes – it’s imperative now more than ever to make sure your strategies and tactics are efficient and effective. One potent tool in this arena is the writ of attachment, a prejudgment remedy that can offer substantial leverage and protection.
Understanding the mechanics of attachment
A writ of attachment is a legal instrument that empowers a creditor, often the plaintiff, to establish a lien on the assets of the defendant during the pendency of a lawsuit. The lien acts as a security interest, providing the creditor with priority over potential future creditors that may emerge as the case unfolds. This can be a powerful incentive for defendants to engage in settlement negotiations and avoid long (think 2-3 years) legal battles.
Qualifying for a writ of attachment
While the benefits are clear, it’s important
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