Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach has defended many fiduciary breaches of duty over the years and has helped many clients get financial restitution. Unfortunately, many don’t bother fighting this type of case because it seems too hard. Thankfully, many remedies are available that may help.
O’Connell & Crispin Ackal PLLC Advises Pre-Trial Remedies When Possible
Over the years, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach has found that pretrial remedies provide a plaintiff with the best chance of recovery from a fiduciary breach of duty. These remedies try to avoid a lengthy trial that may be frustrating and expensive. And while not always successful, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach finds that they may be a good option.
For example, a plaintiff may attempt an attachment, a remedy wherein they try to levy on a non-exempt property before trial. Typically, this step is done if a client is likely to attempt to hide assets during a trial. Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach suggests this option if the defendant has a history of duty breaches and has hidden assets in the past.
If a writ of attachment is not available for any reason – such as lack of executable property – sequestration may be possible. Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach suggests this option if there is a conflict of ownership claims and you want to preserve a piece of property during a lawsuit.
Often, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach finds this option is necessary for those fighting a fiduciary breach of duty.
Other Approaches O’Connell & Crispin Ackal PLLC Suggests
When pre-trial approaches are not available, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach suggests garnishment as a good first choice. Garnishment repays the client by taking money, property, or other possessions from a person. In most cases, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach states that garnishment comes from a paycheck, guaranteeing some payment type.
When a garnishment is not possible for any reason, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach suggests repossession. Unfortunately, here is where things can get tricky because repossession is often fought quite heavily by the defendant. They may attempt to remove the collateral or the property being repossessed, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach says, and complicate a case further.
Whatever approach a person takes, Ashley Crispin Ackal Trust Trial Lawyer of West Palm Beach states that it is necessary to gather evidence that proves a breach of duty took place. Her clients often suffer a breach but have no receipt or contract proving a fiduciary duty. As a result, O’Connell & Crispin Ackal PLLC usually has little way of helping clients.
