Legal Motion to Freeze Form

Legal Motion to Freeze Form

Court:   County:   Case No.:

Movant Name:   Counsel for Movant:

Respondent Name:   Counsel for Respondent:

Recitals

WHEREAS, Movant commenced an action against Respondent in this Court identified above alleging claims for relief arising from alleged wrongful conduct, misappropriation of assets, or other causes of action giving rise to a risk of dissipation of assets; and

WHEREAS, without immediate injunctive relief the assets and property described below are likely to be removed, dissipated or concealed, thereby frustrating any eventual enforcement of a judgment and causing irreparable harm to Movant; and

WHEREAS, Movant seeks a provisional order to preserve the status quo and restrain transfer, encumbrance, or disposal of specified assets until the Court can determine the merits of Movant’s claims or until further order of this Court.

NOW THEREFORE

Movant requests that the Court enter an Order freezing the assets and enjoining specified actions by Respondent on the grounds set forth below and in support of this Motion states the following:

1. Relief Requested

Movant requests that the Court enter a temporary order (the "Freeze Order") that:

a) Immediately restrains Respondent and all persons or entities acting in concert with Respondent from transferring, encumbering, assigning, secreting, dissipating, or otherwise disposing of the assets identified in Section 4 below; and

b) Directs custodians, financial institutions, and third parties holding or controlling such assets to preserve their status and notify the Court and Movant of any attempted transfer; and

2. Jurisdiction and Venue

This Court has jurisdiction over the parties and subject matter of this action pursuant to the applicable statutes and rules vesting the Court with authority to issue provisional remedies and injunctive relief. Venue is proper in this County because the acts giving rise to the claim occurred here or Respondent maintains assets or principal place of business within this jurisdiction.

3. Statement of Facts

4. Assets to be Frozen

Movant identifies the assets to be restrained with as much specificity as is reasonably available. Additional assets discovered subsequent to filing may be added by motion to the Court.

If account or identifying numbers are not known, provide sufficient identifying detail and request the Court to authorize expedited discovery to obtain exact numbers and locations.

5. Legal Standard and Grounds

Movant asserts that the requirements for provisional relief are satisfied because: (a) there is a substantial likelihood of success on the merits of Movant’s claims; (b) absent a freeze immediate and irreparable harm to Movant is likely and monetary damages will be inadequate to make Movant whole; (c) the balance of equities favors issuance of the Freeze Order; and (d) issuance of the Freeze Order advances the public interest in preserving the Court’s ability to render effective relief.

6. Notice and Service

Movant requests that the Court permit notice to Respondent and affected third parties in a manner consistent with due process. If necessary, Movant requests limited ex parte relief when Movant demonstrates that providing advance notice will result in an unacceptable risk of asset dissipation.

7. Duration; Modification; Limited Relief

Movant requests that the Freeze Order remain in effect until further order of the Court or until final judgment is entered and satisfied. The Court may modify the Freeze Order on a showing of good cause by any party and subject to terms providing protection for Movant.

8. Bond or Security

Movant proposes that the Court require Movant to post a bond or other security as a condition of the Freeze Order in an amount the Court deems reasonable to cover potential losses to Respondent if it is later determined that the freeze was improperly issued.

9. Enforcement; Sanctions

The Motion seeks authority for the Court to enforce the Freeze Order through contempt, monetary sanctions, attachment, and any other remedies available under the law should Respondent or third parties violate the terms of the Order.

10. Certification and Verification

Movant certifies under penalty of perjury under the laws of the jurisdiction of this Court that the facts set forth in this Motion and accompanying affidavits are true and correct to the best of Movant’s knowledge and belief.

11. Certificate of Service

I hereby certify that a true and correct copy of this Motion was served on all parties and/or their counsel in accordance with the applicable rules of civil procedure as indicated below.

Date of service: Month Day Year

Personal service    U.S. mail    Email    Other (describe below)

12. Governing Law; Miscellaneous Provisions

Governing Law. This Motion and any order entered pursuant to it shall be governed by the laws of the jurisdiction of this Court without regard to conflict-of-law provisions.

Entire Agreement. The terms of any Freeze Order constitute the complete and exclusive statement of the rights and obligations of the parties with respect to the subject matter of the Freeze Order and supersede all prior agreements and understandings, whether written or oral, relating thereto.

Severability. If any provision of this Motion or any Freeze Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments; Waiver. No waiver or amendment of any provision shall be effective unless in writing and signed by the party to be charged. Failure to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

Counterparts. This Motion and any Freeze Order may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute one instrument.

Relief Requested (Summary)

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