Legal Question in Business Law in Maryland

Speeding up a trial date

I have a bulider client who owes my company a large sum of money. We have filed suit and have received a pre-trial hearing date that is nearly a year away!! In that time the builder will surely sell his land and go out of business. Is there anything we can do to speed this up? Apparently we can't file for a lien until we have a judgement, any advice would be so greatly appreciated.


Asked on 5/22/07, 10:09 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Speeding up a trial date

If there is no dispute that the contractor owes you the money you can file a motion for summary judgment. In the motion you would list all the facts that you contend are not in dispute. They should demonstrate your clear entitlement to the amount owed. Of course, the builder could fight this by claiming that there is a dispute as to whether he owes you and how much. But if you win the motion you would have your judgment much sooner than if you have to wait for trial.

The other possibility is that if you have evidence that the builder is trying to get rid of his assets to avoid claims against him, you can apply to the court for an attachment before judgment. These aren't often granted, and if your request was, you would have to post a bond to protect the builder in the event you lost the case. The attachment would have the effect of freezing his assets pending the outcome of the suit.

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Answered on 5/25/07, 9:46 am


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