Apr
Nuclear Weapon Of The Law Unavailable To Creditor In Recent Case
Getting a judgment is one thing; collecting it is another. Creditors often are concerned about the ability to recover money from debtors that may have sufficient assets at the outset of a dispute but may squander those assets over the course of litigation. There are a few remedies under Indiana law that address this very legitimate concern. In a decision by Judge David F. Hamilton on March 20, 2007, another remedy, albeit one with virtually zero applicability to most commercial collection cases, is discussed - prejudgment injunctive relief. The lesson J&J Wehner, Inc. v. H&L Plating & Grinding, Inc., 2007 U.S. Dist. LEXIS 24366 (S.D. Ind.) teaches us is that, unlike prejudgment attachment and garnishment, injunctive relief usually is not the answer.

