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Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
Prejudgment attachment or Prejudgment writ of attachment allows recovery of money damages by levying a security interest on the property of the party paying money damages. A writ of attachment is filed to secure debt or claim of the creditor in the event that a judgment is rendered.
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit.The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration.
Making a huge financial blunder can feel devastating. It can also seriously undermine your confidence in managing money. Try This: 3 Things To Do This Week If You Have Debt Learn More: 7 Reasons ...
“If you take money out of your 401(k) and you are not over 59 1/2 or meeting certain requirements, you will have to pay a 10% penalty plus income taxes,” said Jay Zigmont, Ph.D., CFP and ...
The term clawback or claw back refers to any money or benefits that have been given out, but are required to be returned (clawed back) due to special circumstances or events, such as the monies having been received as the result of a financial crime, or where there is a clawback provision in the executive compensation contract. [1] [2]
A judgment creditor is a party to which a debt is owed that has proved the debt in a legal proceeding and that is entitled to use judicial process to collect the debt. [1] A creditor becomes a "judgment creditor" when a judgment is rendered stating that they are entitled to recover a particular debt from a judgment debtor. Following a judgment ...
Chapter V of the United Nations Convention against Corruption (2003) makes clear that Asset Recovery is an international priority in the fight against corruption. International asset recovery is any effort by governments to repatriate the proceeds of corruption hidden in foreign jurisdictions. Such assets may include monies in bank accounts ...