windyMagician
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Simple English definitions for legal terms
Provisional Remedies
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A quick definition of Provisional Remedies:
Provisional remedies are court orders that happen before the final decision is made. They are meant to keep things the way they are until the court makes a final decision. These remedies include things like taking someone's property, putting someone in charge of something, or stopping someone from doing something. The court has to be careful when using provisional remedies because they can take away someone's rights or property. The court usually has a hearing before making a decision and may require the person asking for the remedy to pay money to cover any damage that might happen if the remedy is wrong.
A more thorough explanation:
Provisional remedies are court orders that are put in place before a final judgment is made. They are meant to maintain the current situation until the court makes a final decision. These remedies include:
- Attachment
- Garnishment
- Replevin
- Receivership
- Notice of pendency
- Temporary injunctions (such as temporary restraining orders or preliminary injunctions)
Provisional remedies can cause a loss of property or freedom, so the Constitution's Due Process clauses apply to them. However, provisional remedies have fewer procedural safeguards than final judgments. Courts use various safeguards before ordering provisional remedies, such as holding a hearing and requiring the party requesting the remedy to post a bond.
For example, if someone owes you money, you can ask the court for a garnishment order. This order would require the debtor's employer to withhold a portion of their wages and pay it to you until the debt is paid off. The court would hold a hearing to determine if the garnishment is necessary and would require you to post a bond to cover any damages the debtor might suffer if the garnishment is wrongly ordered.