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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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Thanks for answering the previous question. Even though this

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Thanks for answering the previous question. Even though this is a civil court but the defendant involves fraud billing etc. I like to know whether or on what ground, the plaintiff can ask court to secure pre-trial asset of the defendant. Plaintiff's attroney said that needs bond of equal cash of the defendant asset. I do not quite understand that. Could you explain more? Also, can the plaintiff uses private investigator to monitor whether the defendant transfering his asset outside of the State/country?
Hello again,

The only basis for requesting a bond would be if there was some evidence that the defendant was moving all of his assets overseas to avoid paying on the debt. If the defendant can produce evidence that he's not doing that, or has no ability to pay a bond, the judge can deny a request. Asking for a cash bond to secure payment of a judgment is pretty unusual, and is more likely in extreme cases.

There is no law that stops a law firm from engaging a private investigator to look into a defendant's background. They would need a court order to actually monitor someone's bank accounts, though. A private investigator doesn't have the ability to access your accounts.

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