Sequestration Order | Propertylogy

Sequestration Order

By on October 18, 2019

A sequestration order is a writ that authorizes the seizure of personal property, land, or profits from a defendant for safe-keeping until the outcome of a of litigation is concluded.

This action is usually pursued by creditors when they believe that the debtor would act in bad faith that would result in losses for the creditor.

It must be supported by evidence of this intention.

For example, a defendant with an axe to grind might sabotage the property or withhold money that rightfully belong to the creditor.

The defendant would then have no choice but to comply with the sequestration order.

When it is proven that a creditor has wrongfully initiated a sequestration order, the debtor would be able to claim for damages.

This is usually via a bond that has been posted by the creditor when initiating the process.

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