United States – Pennsylvania
Below is a brief summary on Pennsylvania’s treatment of freezing orders, otherwise known in the United States as prejudgment attachments. Prejudgment attachment is a provisional remedy that allows for seizure of a defendant’s property prior to judgment. This ensures that a plaintiff successful on the merits may recover the amount owed by the defendant.
Note: Federal Courts only allow for prejudgment attachment to the extent that applicable state statutes allow it.
1. Are freezing orders (or their equivalent referred to below) available in civil legal proceedings in this jurisdiction and what is their effect?
Pennsylvania’s Courts have held that prejudgment attachment is not permitted, and Pennsylvania’s prejudgment attachment statutes have been rescinded.
2. Are other interim orders commonly made in conjunction with a freezing (or equivalent) order?
Not applicable.
3. Briefly what is the relevant legal test?
Not applicable.
4. Briefly what is the process for obtaining a freezing (or equivalent) order?
Not applicable.
5. Does the applicant have to provide any form of security or commit to compensation if its claim is ultimately unsuccessful and any freezing (or equivalent) order granted causes loss and damage to the respondent?
Not applicable.
6. Can it be sought against third parties?
Not applicable.
7. What assets are covered by a freezing (or equivalent) order?
Not applicable.
8. Can a freezing (or equivalent) order be made in support of substantive proceedings abroad?
Not applicable.
9. Can a freezing (or equivalent) order be made in support of arbitration proceedings or awards?
Not applicable.
10. At what stage of proceedings can a freezing (or equivalent) order be sought?
Not applicable.
11. Are there typically any exceptions to the general prohibition on the respondent’s use of assets subject to a freezing (or equivalent) order?
Not applicable.
12. What happens after a freezing (or equivalent) order is granted?
Not applicable.
13. Who pays the costs of the application for a freezing (or equivalent) order?
Not applicable.
14. What protections are there typically in a freezing (or equivalent) order for third parties to such orders?
Not applicable.
15. What are the consequences of breach of a freezing (or equivalent) order?
Not applicable.
16. Does a third party notified of (but not a party to) a freezing (or equivalent) order owe a duty of care to the applicant (meaning it can be liable to the applicant for non-compliance)?
Not applicable.
17. Can a freezing (or equivalent) order be enforced abroad?
Not applicable.
18. Can freezing (or equivalent) orders from overseas jurisdictions be enforced in this jurisdiction?
Not applicable.
Contacts
William O’Brien Partner – Head of Cross-Border Litigation & International Commercial Arbitration Eversheds Sutherland Washington, DC, United States williamobrien@eversheds-sutherland.us www.eversheds-sutherland.com Kymberly Kochis Partner – Co-Head of Global Litigation Co-Head of Insurance Litigation and Class Action groups Eversheds Sutherland New York, United States kymberlykochis@eversheds-sutherland.us www.eversheds-sutherland.com Francis X. Nolan IV Partner Eversheds Sutherland New York, United States franknolan@eversheds-sutherland.us www.eversheds-sutherland.com
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