Thank you for the reply. It's my understanding that in order to obtain a writ of attachment or other appropriate injunctive relief, I will have to qualify to post bond with the court. I don't have much credit so my credit score is 550 (everything paid for and no cards and bad divorce of 20 yrs), that said I do have the cash balance to put up for a bond ($150,000 the amount owed by the company). My question is why do I have to post a bond amount? Will i get this money back once the "writ" is executed and a judgement is made...
A: You don't need to post a bond until after
the court agrees to grant the injunction. So, worry about it later.
What is the process and what does it involve (California Law)? and more importantly please give me some kind of an idea of how long it takes for an attorney to prepare a petition focused on getting the writ done within a tight deadline like next week generally speaking, of coarse, 1 day, 2 days hours, electronically filed? etc.. This can give me some kind of an idea about hourly charge and a blended rate plan or contingence flat rate.
A: Attorney writes the pleadings and serves them on the defendant. I would expect this sort of pleading to take a day to think about and another day to write it up, then a day to file and serve.
If there a service that can help me file a motion and writ from out of state so I can save on attorney cost (especially since they are counting on this being a factor in there favor...and they don't plan to use council on their side unless they have too).
A: No. Only a member of the State Bar of California can bring this lawsuit. You will have to hire a California attorney/law firm. Period.
I would like to have all the paperwork filed by the middle of next week, and have an understanding of qualifying for bond from you if possible. Additionally, my executive agreement says out state of texas laws. and my separation agreement says state of California and arbitration and no lawsuits anywhere. Can I file everything in Texas?
A: If the separation agreement is at issue, then you need to sue in California, assuming that's where you entered into the agreement. If you were employed in TX, then you can sue in Texas, but that would change my answer completely, because TX civil procedure is quite different from California civil procedure.
And argue they never intended to honor the separation agreement since it was executed in January 2011?
A: That's common law fraud, rather than a fraudulent transfer. Very tough to prove, without an objective witness. But, you can plead it along with the fraudulent transfer complaint.
or would this open up more issues and prevent me from being able to move forward? I think if they had to come to texas and it would be one other thing to compel them to settle.
A: Maybe. Maybe not. Texas lawyers are less expensive per hour -- so, it could be an incentive to fight harder.
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