Provisional Remedies in United States

Practical Information

Note: Some of this information was last updated in 1982

Methods provided by law to make judgments more effective. The provisional remedies of arrest, temporary injunction, attachment, and receivership prevent defendants from placing themselves or their property beyond reach or from doing damage to the very property the action was brought to protect. The provisional remedy of arrest insures the court’s control over the defendant. Restraining a person’s liberty can be effective in coercing the performance of an act to be done, such as the payment of alimony (in U.S. law). Defendants may also be arrested, in some actions, where they are nonresidents or there is good reason to believe they are about to depart from the state.

A temporary injunction can be granted by a court where there is an action seeking a permanent injuction (in U.S. law), if the applicant will be immediately and irreparably injured unless the defendant is restrained immediately. A temporary injunction can also be granted when the defendant in any type of action is about to destroy, damage, or get rid of the subject of the action.

Attachment is a means of security for the plaintiff. The property of defendant that is attached is held by the court to secure payment of any judgment the plaintiff may obtain.

The provisional remedy of receivership puts property that is the subject of an action in the hands of a representative of the court, or “receiver.” By taking custody of the property, the receiver prevents the defendant from taking it out of the court’s jurisdiction (in U.S. law) or materially injuring or destroying it.

(Revised by Ann De Vries)

What is Provisional Remedies?

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Provisional Remedies (Remedies)

This section introduces, discusses and describes the basics of provisional remedies. Then, cross references and a brief overview about Remedies is provided. Finally, the subject of Civil Procedure in relation with provisional remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.