Obtaining Security Pending Litigation

Introduction

​         A plaintiff should always be mindful of the defendant transferring or hiding assets during litigation to avoid having to pay a future judgment. Massachusetts offers plaintiffs a variety of prejudgment security remedies to mitigate this risk. All of these remedies involve the plaintiff filing a motion with the court requesting that the court issue an order “freezing” (also known as “attaching”) one or more assets of the defendant. This has the effect of preventing the defendant, or a third-party holding funds of the defendant like a bank, from transferring assets while the litigation is taking place. If the plaintiff then wins the case by getting a judgment against the defendant, then the plaintiff can seek a further order transferring those assets to the plaintiff to be applied towards the balance of the judgment. Specific examples of prejudgment security remedies will be discussed below.

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