Prejudgment attachment and execution on judgment

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  • (a) A plaintiff, under this subchapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award, or if the defendant posts a bond sufficient to cover a potential award.

  • (b) A person against whom a judgment has been rendered under this subchapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.

  • (c) Any asset sought to satisfy a judgment under this subchapter that is named in a forfeiture action or has been seized for forfeiture by any Virgin Islands or federal agency may not be used to satisfy a judgment unless and until the asset has been released following the conclusion of the forfeiture action or released by the agency that seized the asset.


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