Writ of attachment was obtained against my corp last week. Can I appeal it now instead of waiting till later? What is the procedure and is there any specific doc that needs to be filed?
A Writ of Attachment is an appealable order (Code of Civil Procedure 904.1(a)(5)). That means that you have the immediate right to an appeal. Indeed, waiting until "later" will waive your right to challenge the order.
The procedure starts with the filing of a Notice of Appeal, which must be done as soon as possible. But that is only the beginning of a long and complex series of procedures that are governed by the Code of Civil Procedure, the Rules of Court (chapter 8), and case law.
Almost as important as filing a Notice of Appeal is determining whether that Notice will stay the effect of the attachment order pending the outcome of the appeal. If there is no stay, the attachment order will remain in place while the appeal proceeds - and the appeal will take at least a year, and probably longer, before a decision is rendered. That fact alone may undermine the very reason for the appeal.
Finally, and ultimately most important, is whether you have grounds that can actually result in reversal. An appeal is not a proper legal procedure unless you have a potentially meritorious argument that takes into account the standards of appellate review.
Perfecting the appeal, establishing a stay of enforcement, and determining the merit of an appeal are all matters that require the assistance of counsel, and preferably experienced appellate counsel (even if you have a trial attorney).
For more information about civil appeals in California, please see www.LosAngelesAppeals.com.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.
Debt Collection Attorney
you need to sit down and have your situation reviewed by a local appellate lawyer immediately.
Debt Collection Attorney
You can always post a bond to cover the amount of the claim. Otherwise, if you want to appeal, you need to have a lawyer.
Did a lawyer represent your corporation in the trial court? A corporation cannot appear "in pro per" and you cannot represent a corporation in court unless you are licensed to practice law.
An appeal is based upon the record which was made in the trial court. Did you order a Reporter's Transcript of the hearing? Did you request a court reporter? Did you formally appear at the hearing? If the corporation did not make an appearance at the hearing, with a lawyer, you probably have little chance of succeeding on an appeal. You need to meet with a lawyer right away. Like, before lunch today.