What do I choose for the Procedure Remedy Code?

Question: What do I choose for the Procedure Remedy Code?

Answer: You may pick only one choice from the list and here is some information about each choice:

Appeal from Municipal or Justice Court - When someone who loses a case in a municipal (city) court or justice of the peace court asks a higher court to review the decision and say it was wrong. This is called to appeal or to take an appeal.

Arbitration-related - In arbitration, a neutral person called an arbitrator hears arguments, reviews evidence and makes a decision. This is different from mediation, where the parties, not the mediator, make the decisions.

Attachment - A way to collect a judgment by getting a court order that allows a piece of property to be taken.

Bill of Review - A way to attack a judgment. It is filed in the same court that made the first judgment. It is not an appeal, which would be filed in a higher court.

Certiorari - An order by a higher court (appellate court) granting or denying a review of judgment.

Class Action - A lawsuit in which a large number of people with similar legal claims join together in a group (the class) to sue someone.

Declaratory Judgment - A lawsuit in which the person suing asks the court to tell the parties what their rights and responsibilities are without awarding damages or ordering them to do anything.

Garnishment - A legal process that allows part of a person's wages and/or property to be held back for payment of a debt.

Interpleader - A lawsuit filed by someone who holds something that 2 or more people claim as theirs. The purpose of the lawsuit is to settle the dispute.

License - A petition by a person with a suspended driver’s license asking for an occupational driver’s license. The person must show he or she does not have access to public transportation and needs to drive to work or school or for essential household duties.

Mandamus - Latin for we command. A writ of mandamus is a court order that requires another court, government official, corporation, or individual to perform a certain act.

Post-judgment - A lawsuit or petition filed after a judgment is issued. Post means after.

Prejudgment Remedy - A way for a creditor to secure money or property involved in a lawsuit before there is a final judgment. The most common prejudgment remedies are garnishment, sequestration, and attachment. They are often used when there is a danger that a debtor will not have the money or property by the time the lawsuit is decided and there is a final judgment.

Protective Order - A court order which is meant to protect a person from another person.

Receiver - In a lawsuit, a neutral person appointed by a judge to take charge of the property and business of a party to the lawsuit while the lawsuit is being decided.

Sequestration - A process which orders that property be taken and kept by a designated official to preserve it until a lawsuit about the property has been decided.

Temporary Restraining Order (TRO) - A court order, sometimes called a TRO, that says a person must not do certain things that are likely to cause harm that cannot be fixed. Unlike an injunction, it is often granted immediately, without notice to the opposing party and without a hearing. It is intended to last only until a hearing can be held.

Injunction - A court order requiring a person to do something or to stop doing something.

Turnover - A process in which a court issues an order requiring someone who owes money under a court judgment to turn over money or specified property to satisfy the judgment.

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