After a court enters a judgment in a civil case, it is up to the prevailing party (sometimes called a “judgment creditor”) to execute that judgment. This requires a writ of execution, which is a form of legal process issued by a court that directs the court marshal to seize (or “attach”) the assets of
A. Jennings Stone
U.S. Virgin Islands Should Adopt “Reasonable” Standard for Foreseeability for Negligence Claims
In the vast majority of personal injury cases, the determination of who was at fault in the incident comes down to determining who was negligent in the situation. The general standard used in these cases in most parts of the United States is that negligence is the failure to use a “reasonable” amount of care…
What You Should Know About Foreclosure in the U.S. Virgin Islands
When dealing with the foreclosure of a residential or commercial mortgage on a home, business, or other real property, it is crucial to have a trusted and capable attorney on hand to guide you through the process. Foreclosure laws differ in each state and territory, and local foreclosure practice can be highly idiosyncratic. However, whether…
An Overview of Deeds in Lieu of Foreclosure
There are some circumstances in which a bank will offer a homeowner the option to pursue a deed in lieu of foreclosure rather than a short sale or other foreclosure alternative. In this process, a person hands over the deed to their home to the bank, bypassing the standard foreclosure process.
You may wonder why…
Steps to Take in the Negotiation of a Lease for a Commercial Property
A commercial lease is an important part of your business operations — favorable terms on such a lease will put your company in a better position to succeed. Leases are almost always prepared by a landlord in a way that favors the landlord, but that doesn’t mean the terms of that lease are completely non-negotiable.…
WHAT IS COMMERCIAL RECEIVERSHIP? IMPORTANT INFORMATION TO KNOW.
When a commercial property goes into foreclosure, the lender will do everything in its power to preserve the value of the property, as well as ensure that any rental income generated by the property is put toward maintaining the property and paying off the loan.
How does the lender ensure this? By seeking the appointment…
Effective Methods for Protecting Your Company’s Intellectual Property
Recently, one of our firm’s clients inquired as to our protecting their intellectual property, and BoltNagi submitted to an in-depth technology audit. Large companies like Google, Microsoft and Apple use considerable resources to protect their intellectual property. An organization of any size, however, can suffer due to intellectual property theft, and small businesses in particular…
V.I. Superior Court Ruling Reflects Difficulty of Filing Motion for Contempt
In a recent ruling, the Superior Court of the U.S. Virgin Islands ruled against a motion filed by the plaintiffs claiming that a local government agency was guilty of contempt of court.
The case, Wilma Marsh Monsanto v. St. Thomas-St. John Board of Elections, involved several local candidates for elected positions, who originally sued…
Why Personal Jurisdiction is Required to Sue a Person or Company
U.S. Virgin Islands corporations have the potential to be sued in all areas of the country. It is important to understand how your company’s interactions in another jurisdiction may bring about the required jurisdictional requirements to be sued there.Continue Reading Why Personal Jurisdiction is Required to Sue a Person or Company
No Escape from Limbo: The Virgin Islands Supreme Court Denies a Writ of Mandamus
For those who practice in the courts of the Virgin Islands, there is a weary acceptance that justice will come, but it might not come quickly. Sometimes—either due to the complexity of a case or a court’s congested docket—a motion or petition will linger on a judge’s docket for months or (in extreme cases) even years. In these situations, a litigant has only two choices: Sit back and wait for a ruling or try to get the case moving with a writ of mandamus.Continue Reading No Escape from Limbo: The Virgin Islands Supreme Court Denies a Writ of Mandamus