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    Prejudgment attachments

    Now that I know a suit from American Express is on the way, I have stumbled on this concept called "prejudgment attachment" which allows a creditor to seize or put a lien on assets in an ex parte motion pending outcome of the trial. In other words, seize first, notice later.

    In California the procedure is supposedly not allowed for "consumer" debts. But my 40K owed to American Express was on a "Optima business" card. And I notice that they categorized the suit online as a "breach of contract" suit, and wondered if that gave them some sort of added rights.

    The big question... is it already not safe to have money in the banking system? I need my funds to, at minimum, retain a bankruptcy attorney! I'm also paying prop taxes this weekend and know those checks tend to be very slow to clear.

    I know big debts to Amex are not uncommon here.... anyone else get sued? In California? On a business optima? Ever run into this -- get stuff attached before you even got a chance to answer the complaint?

    Suddenly cash advance sins (on different accounts) seem the least of my worries.

    I haven't found a case anywhere of a CC company actually doing this, so hopefully I'm just being paranoid. But like I say, technically it is a "business" CC.
    12/2009 Stopped paying CCs; 3/10 1st suit;
    8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
    9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

    #2
    Yes, you are being paranoid and worrying about this too much.

    The reason you can't find any cases of this happening, is that it very rarely happens.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

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