Sample Prejudgment Remedy Waiver
In a commercial transaction, if your customer has signed an appropriate waiver of their right to Notice and Hearing in any Prejudgment Remedy Attachment Proceeding, the creditor’s attorney may prepare documents directing the marshal to attach the debtor’s real and/or personal property to the amount of the debt claimed. An affidavit must be signed by the creditor which includes a copy of the signed waiver. The attorney may then issue a Summons directing a marshal to make the attachment and then serve the civil lawsuit papers on the debtor. Neither prior permission from the court nor entry of a judgment is necessary. This is an extremely powerful tool in commercial collections. After service, the debtor may ask for a hearing to reduce or remove the lien or bond it over.
The following is sample waiver language (combined with a personal guaranty):
This is a commercial account and goods and services delivered to your business are a commercial transaction as defined by Connecticut Law. By signing below you agree to be personally liable for all charges incurred on this account and you further waive your right to and/or your company’s right to notice and hearing in any civil collection action seeking a prejudgment remedy attachment as outlined in Connecticut General Statutes Sections 52-278a to 52-278f. You agree to be liable for costs of collection and reasonable attorneys fees in any such action.
By: (sign here)_________________________________________Dated __/__/___
Its (Title)_____________________________________________, Duly Authorized
(sign here) ______________________________________________Dated __/__ /__