Legal Question in Civil Litigation in California

On your fact pattern, probably not..but if you have proof that the person is engaged in fraudulent activity or has admitted to you that they will move the money then possibly you could obtain what is called a writ of attachment. This is such an extreme remedy that courts do not issue these lightly so you must have a convincing reason.

Please know that this is informational...not legal advice.

I agree with Mr. Jefferson. In addition, I note that obtaining a writ of attachment is difficult and takes a considerable amount of time even for experienced lawyers. Unless your claim is quite large and the bank account contains a substantial amount of money, attaching it may not be worth the bother.

No. A lis pendes [notice of suit pending] is only to prevent someone from being able t claim they are acting as a bona fide innocent buyer of real property that is the subject of a law suit. It does not apply agaisnt a bank account; if you were claiming that the money in the account had something to do with the suit, you would have to seek an injunction that the money not be taken out of the account. Otherwise, people could destroy others by filing a phoney lawsuit and freeze their savings and checking accounts so they would have little or no money to live.

No, lis pendense is for property. You can try for a pre judgment writ of attachment, it is difficult to get - will depend on your facts, and you will have to place a bond. If you think you may have extenuating facts requiring this, and want me to help you try and obtain it, please contact my office.

Daniel Bakondi, Esq. [email protected] 415-450-0424

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MOST of the information you have gotten so far is correct. A lis pendens definitely only applies to real property and then only if the lawsuit actually involves conflicting claims to rights in the property, such as an ownership dispute or enforcement of a pre-existing lien. My colleagues are also correct that the only way to freeze the bank account is a writ of attachment. I disagree, however, that a writ of attachment is difficult or expensive to obtain, when it is warranted. It is when attorneys and their clients try to get a writ of attachment when it is not warranted that it gets difficult and expensive. The essential element for obtaining a writ of attachment is proof that there is really no meaninful dispute that you will win the case. In many cases the dispute is not about liability, but rather the amount of damages. Where liability is not meaningfully contested, if you seek attachment in a very conservative amount, basically low enough that it is not meaninfully contestable that you will recover that amount at least, a writ of attachment is relatively easy to obtain. One point of caution, though, you must post a bond to pay the defendant's losses from the attachment if you subsequently lose the case. So make sure it is a winner before you go that route.

Does the bank account converted or fraudulently obtained funds from you? Contact me directly.