Whether you are the applicant or a defendant - there are very important matters to be considered when dealing with freezing orders. Let our team of experts provide the help you need.
It is possible to freeze assets during a lawsuit (or court claim as we refer to it in England).
However, it is usually more common (if you have a claim against a defendant) to try and freeze assets before starting a legal claim and do so without any notice to the defendant.
By acting in this manner, it is possible to try and safeguard any assets and/or money before the defendant has the opportunity to remove the assets beyond a creditor’s reach. These types of court actions are known as “without notice injunctions” and are different to circumstances where an injunction is granted with notice to a defendant.
- however, it is possible depending upon certain evidence and legal grounds to obtain a freezing injunction after a claim or lawsuit has been commenced;
- this can happen when new information comes to light or the actions of the defendant give rise to a suspicion that they are deliberately seeking to make themselves judgment proof and might be acting in a dishonest or fraudulent manner;
- therefore, the “freeze assets during lawsuit” scenario is one that we cover at Francis Wilks & Jones and it is always a remedy which we are able to advise our clients on at any stage during a lawsuit in order to best protect a client’s position and prospects of success.
It is possible even if you are based abroad to obtain a worldwide freezing order in the courts in England and Wales in certain circumstances. This is particularly helpful for claimants where they reside in a jurisdiction that does not have a similar type of legal remedy. Whilst the ability to do this is subject to tight restrictions, it is something that we are more than able to advise you on if you are based abroad and require assistance with regard to freezing assets during a lawsuit.
Contact the freeze assets during lawsuit lawyers now and we can help. We have the best team in the UKdealing with freezing orders and can help you whatever the nature of your enquiry.
