writ of attachment

[heidigo]

There is a writ of attachment on our boat. We feel it is a frivolous and outrageous suit. The plaintiff perjured himself several times in his affidavit. We withheld part of the payment because of poor workmanship, causing our boat to almost sink.
We had already sent 4/5 of the payment before we received the notice of attachment, so it was with a personal check, which he has not deposited yet.

To rectify our initial mishandling of the matter, we will be paying the balance due and then suing him in small claims court.
Question...can we use a personal check for that? Do we have to wait until the checks clear before they lift the attachment or can we get it done immediately upon paying the balance due?
And how do we get it lifted?

Thank you.

 

[Michael Wechsler]

1) Why didn't you just file a counterclaim?

2) You can use a personal check to pay but, until the check clears, there isn't payment is there?

I don't know the details, state, etc. so you may need to find out from your county clerk how to obtain the exact process to do what you want to do. Good luck.

 

[lwpat]

They can't get a writ of attachement without a court proceeding. If you were not properly noticed, then you can make a Rule 60 motion to the court to have it set aside. If you did not show, then you have lost and you cannot now sue them over the same issue. The judgment is the law of the case.