A preliminary injunction may be issued only after notice is given to the adverse party.

An injunction is an equitable remedy.

A motion for a temporary restraining order may only be made if notice is given to the adverse party.

A motion for a temporary restraining order cannot be made unless the summons and complaint are also filed.

An application for a temporary restraining order should be combined with a request for a preliminary injunction.

A preliminary injunction may not be sought without requesting a temporary restraining order first.

An attachment is a way of seizing a defendant's property to satisfy a future judgment.

A writ of possession is an order to the sheriff to obtain possession of property and deliver it to the plaintiff.

An attachment is available only on tort claims.

One requirement for an attachment is that the amount owed the plaintiff must be unsecured.

A plaintiff may seek an attachment on a money claim personally owed by the defendant not arising from the defendant's business.

The plaintiff should draft the papers for an application for an attachment rather than using the judicial council forms.

When personal property of the plaintiff has been wrongfully detained, the plaintiff should consider seeking a writ of possession.

It is never possible to obtain a writ of possession ex parte.

The plaintiff does not need to show a right to possession in order to receive a writ of possession.

A lis pendens places a lien on property owned by the defendant.

A lis pendens gives notice that in the future the plaintiff may attempt to file a lawsuit involving real or personal property of the defendant.

A lis pendens notice is filed in the county office where the property is located.

There are two types of injunctions a temporary restraining order and a preliminary injunction.

Temporary restraining orders are extraordinary remedies because they enjoin opposing parties prior to an adversarial hearing.

There are three method by which the opposing party can be notified of an application for a temporary restraining order. The opposing party an be notified by telephone, by letter or by serving copies of the application.

Security must be given in order to insure that, in the event the party obtaining the temporary restraining order does not prevail on the merits of the action, the restrained party will be compensated for damages resulting from the temporary restraining order.  Thus, the court will attempt to assess the probable damage in setting an amount for the bond.

The plaintiff will want to seek an attachment in the appropriate circumstances to ensure that the defendant will have sufficient property to satisfy a judgment.  Otherwise, the defendant may hide, destroy, or otherwise transfer assets and the plaintiff, although obtaining a judgment may not be able to obtain any assets against the defendant to satisfy the judgment

A writ of possession should be sought when the plaintiff has a security interest in personal property of the defendant.  Plaintiff must also show an immediate right to possession of the property (usually because of non-payment for the property), and that the property is being wrongfully withheld.

A lis pendens places a lien on property owned by the defendant.  The purpose is to place a cloud on the title of the property since anyone purchasing the property once the lien is in place, takes the property subject to any judgment that may be entered in the plaintiff’s favor.