What Is An Injunction And When Can One Be Obtained?

Television news programs often make reference to companies or the government obtaining injunctions against various types of conduct.  This article explains what an injunction is and when/how one might be obtained from a court.

Businesses sometimes have a need to stop – enjoin – a person or another business from doing something harmful to the business.  Government agencies also often need to stop various types of behavior that are believed to violate laws or agency regulations.  In both situations, the party that is trying to stop certain behavior will ask a court to enjoin the behavior.

In the business context, a need for an injunction often occurs when an employee leaves and taking confidential information with him/her, or a former employee attempts to divert business away from the employer.  Sometimes the business has a legitimate complaint; sometimes the business is simply trying to stifle legitimate competition.   Regardless of the merits of the situation, the procedure to obtain an injunction will be the same.

There are three types of injunctive relief:  a temporary restraining order, a preliminary or interlocutory injunction, and a permanent injunction.  Temporary restraining orders are addressed in a separate article in this series.  This article discusses preliminary/interlocutory injunctions and permanent injunctions.

Preliminary Injunction/Interlocutory Injunction

A preliminary or interlocutory injunction is typically an interim injunction.  It is typically issued after an evidentiary hearing a few weeks after an initial, temporary restraining order (“TRO”) has been issued.  Although Georgia’s courts typically refer to such an injunction as an “interlocutory” injunction and federal court rules use the term “preliminary” injunction, in practice these injunctions are the same.

If a TRO has already been issued in the case, the party that has obtained the TRO (the “Petitioner”) will typically try to schedule a court hearing on a preliminary or interlocutory injunction for a date prior to the TRO’s expiration, in the hope that there will be a seamless transition between a TRO and a preliminary or interlocutory injunction.

Proof of the Need for the Interlocutory/Preliminary Injunction Must be Provided Under Oath

Although courts will often issue a TRO on the basis of one or two affidavits and only a sketchy understanding of the facts of a dispute, courts generally will conduct a more thorough evidentiary hearing before issuing a preliminary or interlocutory injunction.  All parties to the dispute must have prior notice of the hearing and an opportunity to be heard before the injunction can issue.

In federal court, the evidentiary hearing will be conducted with live witnesses testifying under oath.  Superior Court judges in Georgia have more discretion in this matter, with some opting to require live testimony and others sometimes accepting affidavit (written) testimony instead.

Criteria for Interlocutory/Preliminary Injunction

The Georgia and federal court rules set forth four criteria that must be satisfied before an interlocutory or preliminary injunction can be issued:  likelihood of success on the merits; potential for irreparable harm in the absence of an injunction; harm to the plaintiff if the injunction is not granted versus harm to the defendant if the injunction is granted; and public policy considerations.  Each of these criteria must be satisfied.

1. Likelihood of Success on the Merits:  The Petitioner must show the judge that the facts and the law demonstrate that he is likely to win at trial.  This means that the Petitioner needs to have evidence and legal analysis ready to present to the judge.  For example, if the Petitioner is trying to enjoin use of information that he contends is a trade secret, he will need to be able to show the judge both that the information meets the definition of a trade secret under Georgia law and that the responding party either has already stolen and disclosed the trade secret or has somehow given an indication that he intends to do so.  The respondent should be prepared to demonstrate why the information does not meet the definition of a trade secret under Georgia law, and/or demonstrate that the trade secret is not in any danger of being stolen or disclosed.

2. Potential for Irreparable Harm if no Injunction:  The Petitioner must show that the harm is imminent and that the nature of the expected harm is such that an award of money damages against the Respondent at a later date will not make the Petitioner whole.  The biggest obstacle to satisfying this requirement is that courts often conclude that money damages are sufficient to make a Petitioner whole.  Examples of money damages not being sufficient are where market share will be permanently lost absent an injunction; where a trade secret will become known to competitors or the general public absent an injunction; or where a person may be permanently physically injured absent an injunction.  Where business may be temporarily lost but the losses can be remedied with payment of money damages, this criterion likely will not be satisfied.

3. Harm to Petitioner if Injunction is Not Granted Versus Harm to Respondent if Injunction is Granted:  While there may be potential for harm to the Petitioner in the absence of an injunction, there is often potential for harm to the Respondent in the event that the injunction is granted.  For example, the Respondent could be forced to abandon certain types of business activities and lose income as a result.  The judge must balance these competing risks and, in effect, decide which party faces more risk.

4. Public Policy Considerations:  This requirement is the hardest to describe because its meaning depends on the facts of each case.  In effect, the court must consider whether the injunction, if granted, will violate the public policy of the state or county where the injunction is sought.  For example, a court may be asked to issue an injunction that enforces obligations that are clearly spelled out in a written contract, where the court concludes that the contract itself violates Georgia’s public policy.  The court would be unlikely to enforce clearly worded language where doing so would result in a violation of public policy.  In other situations, there may be no significant public policy considerations applicable to the case.  When that happens, the court will likely base its decision on the other three criteria discussed above.

Duration of Interlocutory/Preliminary Injunction

The interlocutory or preliminary injunction should state on its face when it will expire.  Generally it will remain in effect until the court considers whether to issue a permanent injunction.

How Must the Preliminary/Interlocutory Injunction be Phrased?

The preliminary/interlocutory injunction must state on its face specifically what conduct is enjoined.  It must stand alone, with no need for anyone to refer to any other document to determine what is prohibited.  In federal court, the injunction must also state on its face the reason the injunction has been issued, generally with reference to the four criteria discussed above.

Is a Bond Required?

As with a TRO, a bond must be posted in connection with issuance of a preliminary injunction by a federal court.  Georgia’s Superior Court judges have the option of requiring a bond in connection with issuance of an interlocutory injunction.

Who is Bound by an Injunction?

A preliminary or interlocutory injunction will bind not only the specifically named Respondent, but also agents of the Respondent; attorneys for the Respondent; and anyone else who has been given notice of the order.  This means that any other person or entity who is in “active concert or participation” with the enjoined party can also be enjoined simply by being provided with notice of the injunction.  Thus, if a company is able to obtain an injunction against a former employee calling on certain customers, and if the company is aware that the former employee has colleagues in his new business, the company can provide the colleagues with a copy of the injunction and thereby prevent the colleagues from calling on those customers.

Facts Determined by the Court at the Hearing on the Preliminary/Interlocutory Injunction Can Be Deemed Established for Purposes of the Trial on the Merits of the Case.

One of the reasons that hearings on preliminary/interlocutory injunctions can be high stakes for all parties is that the court can make determinations of fact during that hearing that will be binding on the parties for the rest of the case.  When the court decides to do this, the court will notify all parties either before or during the hearing that it intends to decide certain facts of the case on the basis of evidence to be presented during the hearing.  Even if the court doesn’t follow this procedure, all of the evidence that is presented at the hearing on the preliminary/interlocutory injunction becomes a part of the evidence before the court and this evidence does not have to be presented a second time at the trial of the case.  Thus, even though a hearing on a preliminary/interlocutory injunction may take place very early in the case, before a lot of the evidence has been developed, the court may choose to rely on the evidence presented at that hearing when the court makes decisions later in the case.

Permanent Injunction

At the end of the case, after the trial, the judge can be asked to enter a permanent injunction.  This decision must be made by the judge even if the jury decides other issues in the case.  When deciding whether to issue a permanent injunction, the judge must consider the evidence presented at trial, the applicable law, and any facts that have been determined at any earlier point in the case.  The permanent injunction will state whether it will remain in place forever, or what conditions must be met for the injunction to expire.  The permanent injunction must be specific as to what is prohibited, so that it will not be necessary for anyone to refer to any other document to know what is forbidden.

Territorial Effect:

Georgia: Georgia’s courts have held that a permanent injunction issued under Georgia law can apply to conduct in other states where the injunction so states.  For example, in a recent case the Georgia Supreme Court approved a permanent injunction that prohibited enforcement of certain post-employment restrictive covenants not only in Georgia but also in Florida because the restrictions were not enforceable under Georgia law.

Federal: The U.S. Court of Appeals for the 11th Circuit (covering cases originating in Georgia, Alabama and Florida) has ruled that an injunction only applies within the federal court district in which it is issued, and that it is up to courts in other jurisdictions to determine whether to also enjoin the Respondent.  Thus, a permanent injunction issued by a judge of the Northern District of Georgia (covering the Metro Atlanta area) would only prohibit the specified activities within the geographic boundaries of the Northern District of Georgia.  To have the injunction apply elsewhere in Georgia, or elsewhere in the United States, the petitioner would have to apply to a federal court in the other jurisdictions where the respondent may be acting.

Violation of an Injunction is Very Serious.

If a person or entity that has been enjoined (or that has been given adequate notice of the injunction) violates the injunction, the potential penalty is a finding that the person/entity is in contempt of court.  Punishments can include being sent to jail until the enjoined party complies with the injunction or assessment of a monetary fine.

The analysis set forth in this article is provided for general understanding only and should not be considered legal advice.  Counsel should always be consulted for advice regarding a specific situation.


  1. Le Roy Marshall says:

    I was wondering does this legal procedure(injunction) apply to personal issues like child support? For example, if a person goes to several States opening up cases without closing a case and getting on their welfare systems. Result being that these State start procedures against respondent. Would the injuction stop this from happening while the respondent pettitions the Court to shows the legal reasons why the State should pay damages for their behavior.

    • Thank you for your comment. The answer to your question will depend on the specific facts of your situation and the child support rules applicable in the state where the proceeding is pending. I don’t handle matters involving family law, and I don’t know which state(s) the case is in, so I can’t comment further on your inquiry. I encourage you to seek competent family law counsel in the state where the case is pending as soon as you can.

  2. Sam McCrea says:

    Hello. I need to file an injunction against a police department because they issued a legal trespass against me. I was trespassed from a local college campus. However, I have been accepted at this college campus and very-much want to go there. How can I file the injunction?

    • Sam,
      Thank you for your inquiry. You raise interesting questions. State laws vary regarding both injunctions and trespass issues. To be able to advise you, I would need to know the jurisdiction in which the college campus is located. Feel free to email me directly using the contact information on this website so that we can continue this conversation.

  3. I was informed that my ex husband had an obtained an injunction in order to prevent his child support from being deducted from his payroll. I have recently required the services of child support enforcement in order to obtain my child support. However, I was never notified that he had filed for such relief, and child support services was not notified either that relief was being asked for. Can a judge issue any type of injunction without the other parties being notified?

    • Thank you for your post. You haven’t identified the state in which the child support matter is pending. Since state law determines the circumstances in which an injunction can be granted without prior notice to the other parties, I can’t provide a substantive response to your question. I encourage you to retain an attorney in the statewhere the child support enforcement action is pending if you haven’t already done so. Once that attorney knows all of the relevant facts, he/she should be in a position to advise you about the injunction and any related issues.

  4. Michelle says:

    Thank you Mari, this information is a great service to all.

    I have been notified to appear in Court here in Atlanta, Georgia on a contempt proceeding for falling behind in Child support payments. My payments were given to the Custodial parents and since he did not report it to them they say i will not be credited for those payments and i wish to pursue the matter in Court on a separate filing. BUT I AM WONDERING IF A PRELIMINARY INJUNCTION TO STOP THE CONTEMPT HEARING WILL HELP ME, BECAUSE I NEED TO SHOW ANOTHER COURT THE PAYMENTS I MADE DIRECTLY TO THE CUSTODIAL PARENT.

    Can i file for a PRELIMINARY INJUNCTION in Federal District Court to stay the Contempt hearing against me in the Superior Court of Fulton County Georgia at least to give me a few weeks to pursue the direct payments matter before a Judge ?

    • Michelle,
      Thank you for your post. The question of whether a petition for an injunction will make sense in your situation will depend on the specific facts. Since I don’t have all of the facts, I can’t give you meaningful advice. The attorney representing you in the child support contempt proceeding will be in a better position to advise you. But, in general, it often makes more sense to address the issues all in the same proceeding (in this case, the child support contempt proceeding) rather than ask a different court to enter an injunction against the court where the contempt proceeding is pending.

  5. My homeowner’s association has decided to tow a vehicle that is both a personal and business use vehicle that has been wrapped with the companies information. The association has used an expanded definition for commercial vehicle or vehicle used for primarily commercial that is not included in the original covenant declarations which have not been amended or changed. The definition provided by the association does not align to any legal definition and is a very broad definition. Is this a situation where an injunction would be appropriate as the association has chosen not to discuss alternatives.

    • Jackie,
      Thank you for your inquiry. The answer to your question will depend on a lot of details that I don’t have, including the specific language in the homeowners’ covenants. But, in general, at least in Georgia, an injunction could be used to prevent a homeowners’ association from doing something that is not authorized. A judge would likely look at all of the facts, including the conduct complained of by the homeowners’ association and the exact language in the covenants, as well as any applicable county, city and state laws.

  6. I operate an event production agency which gets paid via the client and commissions from hotels of which it recommends if the client agrees to execute an event at the hotel upon a successful contract negotiation by my company. These deals are 6-figure contracts of which the events are multimillion dollar productions.

    The business partner (being introduce to the client through this business relationship) creates a competing company, of which the client then dissolves its 3 year relationship with our joint company and hired the new business partner company of which I was not a partner.

    My relationship with my business partner became strain when he failed to collect fees for the event planning and obtaining a signed contract by the client. The client has never complained about the quality of my work.

    After 8 months of working on the client project, the client directly hired a business partner immediately after they cancelled their contract with my company, did not pay their final bill to my company and then prevented my company from collecting commissions as a result of changing an executed contract with the hotels to reflect a different company to be paid the commission. Because the event was managed by the business partner of which he was the point of contact with the client, our vendors and venues, the hotel felt it was okay to change the commission from my company to his company after the contract had been executed by the hotel and the client. Therefore, the company of which the business partner and I operated together – never received any payment for worked already performed for the client and my company did not receive our commission from the hotel after the event was executed at the hotel by the business partner new company. And currently, the business partner new company currently produces the client events of which has caused me to consider bankruptcy due to the loss of income.

    Here’s my question: (1) Can I place an injunction against the business partner from doing business with this former client, as they are producing events in the exact manner of which I would produce the event. (2) Can I sue the “Client” for Tortuous Interference of Business Relations? My company produced overlapping events for the company, so while in a written contract on one event, we begin producing the next event on a verbal agreement per the client request. We’ve done this several times before with no issues as the client has always paid. It was revealed the client issued a statement to other distributors within the industry “not to do business” with my company as they we were exclusive to the company – which was not true. The client also induced harm to my relationship with my business partner when it asked my business partner to change the hotel contracts whereas our company would not get paid the commission as we normally did and redirect those funds to another company which is actually owed by the “individual” that works at the “client” company. The commission would be around 60k-100k. The client directly hired a business partner of which I consider the business partner company a competing company, then the client sends me a “it was great working with you” letter, then declined to sign my contract after 8 months of planning (with 3 months to the event). The client attempted to make a payment of 22k for 8 months of planning (of which I declined) as opposed to the 92k it actually owed, had we continued producing the event up into that point based on the last 10 events we did.

    I know I can sue for my invoice, but I’d like to sue for interference and obtain punitive damages. But I’d also like to STOP my former business partner from producing their events as he hired former employees, etc., they all know my trade secrets of how I produce events. Now, people in the industry is confused on how are producing these events.

    Thank you and sorry for so long, but I’m a bit pissed.

    • Thank you for your comment. You have asked several important questions that can only be answered after I have more information. I will need to know how recently these problems occurred, where they occurred (which state), and more details. Without this additional information, I would only be guessing at appropriate recommendations without having a complete picture of the situation. If you’re in Georgia and would like to discuss this further in a confidential setting, please feel free to contact me using the contact form on my website. (Please remember that any information you post on my website will be available to the public.)

  7. I was recently served a TRO by my previous employer to stop my employment with my current employer. The TRO was issued by an Alabama court for a company located in Atlanta, GA. Per the summons, I am being sued for breach of contract and allegedly violating the non compete and non solicitation provisions of my employment agreement. I have been accused of doing business with two of their clients which is not true. I’ve reached out to both of those clients who have provided me with notorized affidavits stating the inaccuracy of the information presented to the courts for this ex parte tro. I have submitted a motion to dissolve the tro and dismiss the complaint based on non compete and non solicitation agreements entered into before the commencement of employment (Agreement dates for 8/23 but effective 8/26) are void as a matter of law under section 8-1-1 in Alabama. (Pitney Bowes Inc. V Berney Office Solutions, 823 So. 2d 659, 662 Ala.2001). Also in Dawson v Ameritox, LTD the court agreed that the non compete agreement was void because it was signed prior to his employment with Ameritox. Does a circuit court judge in Alabama have jurisdiction to stop me for working in Georgia? How are they penalized for submitting false information to the courts to obtain this rto?

    • Thank you for your inquiry. The law governing restrictive covenants is very complex. The outcome of these sorts of disputes depends on the language of the employment agreement, the employee’s actual conduct, and the state law applicable to the dispute. To be able to properly answer your question, I would need to review the actual employment agreement and the judge’s order. I would also need to know more details about your activities. If you would like to discuss your situation (and your options) in more detail, please feel free to email me directly at mmyer@myerlawatlanta.com to schedule an appointment. Meanwhile, please be cautious about posting any specific information about this matter on a public website.

  8. I recently found out my ex his husband “quit” his job and started his own business and right away his old employer filed a TRO and he and his business are under a temporary injunction. He pays child support weekly and I count on that for child care. I’ve been reading and my understanding is he would be unable to do business under the perimeters of an old contract he signed 9 years ago. Which (if I remember correctly) has a certain radius that would be considered too close to start a new concrete company and he can not call on the plaintiffs existing customers.
    So, during this injunction…..could he be held in contempt if he is operating his new company within the residual even if he isn’t calling on old clients? I’m just worried that if he is following the direction of the court that I will not be getting child support and if he isn’t following the courts orders and gets caught; that he would be put in jail. Should I be worred

    • Deanna,
      Thank you for your inquiry. The answers to your questions will depend on the law of the state where your ex works as well as the specific language of the employment agreement he signed and the specific details of his current work. If you are in Georgia, I would be happy to meet with you to discuss the restrictions and the options available to you.

  9. I recently filed bankruptcy almost two year ago. The company that lead me to this action was suing me over a business equipment lease breach. They were suing my company and me the grantor. Their equipment had failed in 10/2008 due to engine failure. After receiving several notice of intent to repossession they never came to get or inquire on their fail equipment until 07/2012 with a law suit. Before then I had the equipment towed from my personal property on 02/2012 to a commercial property location close to my home so I could have my field certified to become a natural grower.

    I filed for Bankruptcy, and at the meeting of creditors no creditors attended the meeting, and released the equipment during that time. No one contacted the lawyer or trustee’s office or me to inquire about the equipment until a year later after bankruptcy on 7/18/2014. I had no more contact with the commercial property owner where the equipment was located because I released the equipment to its owner during my meeting, but would drive by occasionally to view its presence wondering if this company has abandon the truck again three yrs. now at that location. When they inquired, I called and sent a UPS letter telling them the last known location of the equipment. Now, I am getting calls from a recovery company and the company I filed against seeking the equipment. Now they say they cannot locate the equipment and have people calling me all time including themselves. The equipment was there in the last week of June 2014 as I shared with them.

    I have ask them to not contact me because I have shared the last location and have tow receipt to prove it. They are not chasing the dissolve company, but they do have a default judgment against it on 8/2012 and could have gotten the equipment during that time, but they choose not to. During my answer to their complaint I noted that I had the equipment because the company is dissolved. So, after my bankruptcy they dismissed their complaint against me while knowing I had the equipment in my possession. They have allowed this equipment to sit on my personal property with no concern or lost to them, and when I had it towed off they started to communicated almost four years later with a law suit. (I was told that these people should not be calling me especially if I have giving them the last location of their equipment and the time they have wasted just to inquire, of it is not my problem).

    Again, I received another call telling me that they were trying to get in touch with me and that this situation is now becoming critical. They are located in California and their statutory for commercial equipment being abandon is four years. The equipment was in my possession until the meeting of the creditors on 2/21/2014. I fear they may try to force a warrant on me there even after bankruptcy. They are not going to share my side of the story if they file a warrant against me there. Can they do that? Should I file a injunction in this matter to protect myself in GA., so it can protect me also in California?

    Thank you in advance for your response.

    • Thank you for your email. The details you have provided raise more questions than they answer. To be able to give you meaningful recommendations for resolving this matter, I would need to meet with you and discuss some additional details. (Please don’t post any additional details on my website, as that is a public communication and it would be better for your details to be kept private.)
      I would be happy to schedule an appointment with you if you’re in the Atlanta area, to discuss the best way to tackle this issue before the company claiming the equipment takes any further action against you. If you’d like to schedule an appointment, you can contact me privately by emailing me directly at mmyer@myerlawatlanta.com. Thanks again.

  10. I would like to know the feasibility of obtaining at least a temporary injunction against the federal agency and its particular office, which issues permits for drilling in the arctic area.

    The injunction would be for the purpose of preventing release of methane in particular, and carbon dioxide as well, into the atmosphere, as methane is at least 20 times more potent in causing heating effects as carbon dioxide, and as these effects are scientifically established and not based on opinion.

    Another and more immediate purpose is to stop increasing the acidity of the oceans with the concurrent destruction of marine life because of carbon dioxide creating carbonic acid when absorbed by seawater. This effect being also established by scientific investigation.

    The affected parties in this matter would be the world populace, in particular those most dependent upon marine life for food.

    The public policy affected would be that which proposes to drill in areas which are already deemed to be going through a potentially harmful phase because of atmospheric warming, which could be greatly exacerbated by release of methane.

    Thank you for your attention to this question.

    • Thank you for your inquiry. I understand that there is a lot of interest among various groups in seeking an injunction to prevent drilling in the Arctic National Wildlife Refuge. Much of the information in your comments would be important to the analysis of any application for an injunction to prevent drilling. Any lawsuit seeking an injunction against the drilling would have to take place in Alaska, since that is where the land sought to be protected is located. Although I would be pleased to discuss a possible injunction with you in more detail, I would need to bring in co-counsel to assist on this type of litigation since I’m not admitted to practice law in Alaska. Please feel free to email me directly via this website if you’d like to discuss this further.

  11. rev. J. B. Dennis says:

    an hoa president took my 25 dollars for membership and made me a board member; and knew i was an x-offender . when i sent an e-mail out to sherrif dept. i was voted off board and threw out hoa here in fla;

    • Thank you for your post. It looks as though your situation would have to be addressed in Florida, where the homeowner’s association seems to be located. Since I’m not admitted to practice in Florida, I wouldn’t be able to assist you. I encourage you to consult with an attorney who is licensed in Florida. This is not a comment on the merits of your situation, as I don’t know enough to comment on the merits. Thank you.

  12. Girish Modi says:

    A person had obtained preliminary injunction against me 2 years ago. In these two years I found out by speaking to some people that he had obtained it fraudulently.

    Is it possible to sue this guy for damages for getting injunction fraudulently?

    • Thank you for your inquiry. The answers to questions about injunctive relief depend heavily on the specific facts of the situation, as well as the law in the state in which the injunction is sought. I would need to review the pleadings from the case, and determine the current status of the case, to be able to provide a meaningful response to your question.

  13. An injunction has been filed against me but I only received an email, I have not been served, does this matter?
    It was filed in Northern district in Atlanta Ga. does this mean I can still do business in Tenn Or south Ga?

    • Thank you for your inquiry. The answer to your question is very complex. I would be happy to discuss your situation with you offline. Once I have more information, I will be in a position to recommend a strategy to best protect your interests. Meanwhile, please be mindful that anything you post online can be accessed and read by members of the general public.

  14. In Superior Court of a Georgia County, a Judge has allowed a Receivership process and has appointed an egregiously Complicit Receiver (this is not a real estate matter). No one in the Judge’s staff knew what a Receivership process meant and the Judge seems oblivious and is providing major, unchecked control to the improperly appointed Receiver (many Creditors/Victims vehemently and correctly under rules objected to the Receiver being appointed). Creditors/Victims have reported $3.5 M (THREE MILLION FIVE HUNDRED THOUSAND DOLLARS) in their missing, unaccounted for assets (we have documentation of another $10 M which has occurred). The Receiver has been in control with essentially no monitoring by the Judge (who absolutely becomes the ‘Guardian’ of the creditors’ assets once he allows the Receivership). Judge required no bond from the Complicit Receiver, as well. Complicit Receiver has acted against the Creditors/Victims instead of providing an equitable process to benefit the Creditors/Victims as is required. For lack of a better word Complicit Receiver has ‘railroaded’ the process and has had latitude to do so in lieu of the lack of consciousness of the Judge (disturbingly the Judge makes no secret that he and this guy are buddies speaking of him favorably and with kindness). The Judge has treated Creditors/Victims in a, to be minimal, condescending manner). The Complicit Receiver is not a ‘Removed Third Party’ as is the minimum test and has been intricately involved with both Organizations. One bankrupt under suspicion of PONZI and BLEED OUT in 2007 (as asserted by The Bankruptcy Trustee) having absconded with a few MILLION just prior. And now, this Organization which began functioning right after bankruptcy in which the Complicit Receiver, under the radar, opened this Receivership for the other Organization which has clearly continued in blatant PONZI/RICO. At this stage we desperately need an Injunction against the Judge as we can determine in our lay-person capacity. We will be beyond thankful to know how to proceed. This Judge must be stopped from harming the Public Interest by signing off on all to the BENEFIT of the Complicit Receiver which is leaving Creditors/Victims with ZERO and paying the Complicit Receiver over $30,000 in fees to ‘process’ the Receivership. The Complicit Receiver has favored one Creditor over all others and has been involved in opening another LLC in the same business name with close tie associates to the company he was allowed to place in Receivership. Please be so kind to share your expertise and knowledge as quickly as possible.

    • Thank you for your inquiry. You have described a very complicated situation. Before I can respond, I will need to discuss the details of the situation with you offline. Since your post indicates that the case is pending in Georgia, I would be happy to schedule an appointment to go over your case and make recommendations for a strategy as you move forward. Meanwhile, please remember that any information you post online is publicly available.

  15. Ms. Mary Myer, thank you very much for writing this article. I have been reading all I can about injunctions and your article is by far the best. It explains in understandable terms but is at the same time very thorough.
    There is one thing that was not mentioned and pertains to my case. It refers to a default judgment in which an injunction was entered. The case is in Superior Court in Georgia. It is related to real estate, an easement. An order was entered in 2014 enjoining from blocking “the shared driveway” with the neighbor.
    The neighbor knew that his property ended 20 feet before reaching the driveway and yet claimed under oath that it “straddles the boundary line” and called “our shared driveway”. I had 3 different surveyors point to him the boundary line in 2008, in 2010 and 2012 respectively. He knew he was lying and did the lawsuit at a moment of extreme family crisis to make sure that we would miss it. I have been told that it is over and decided. However I am planning to file on it being “Void on its Face” which says can be filed by any person, in any court, at any time.
    I have a list of reasons that I believe it would fall in that category, as well as the fact that it was based on fraud. I also believe that the order is Void for Vagueness since a clause in it includes a contradiction, literally, of another clause.
    We have Title Insurance which says “No recorded easements” and at the Closing when I bought it I specifically asked to the Closing attorney who said that there were none. After this order I called said attorney and he offered to review the possibility of an easement and gave me a 2 hour appointment to explain why there is no easement. However he doesn’t do litigation, only real estate contracts so the most he will do for me is write something about it. The surveyors, two of them have been contacted again and offered to put it in writing.
    With the title insurance there wasn’t even time to bring it up because it all happened too quickly.
    What happened is that two owners, me and one of my sons, were not mentioned nor served in the lawsuit. We were given the order entered by default and now we were given notice of a contempt action for allegedly failing to follow the injunction.
    The original action was taken only against my other son who does not, and did not then, live here and was late by 3 days in his answer and did not know to open the default. However the neighbor knew that I live here and my son that was left out also. What is more, the only name that appeared as owner in the property tax record was the name of my son that was left out of the lawsuit. I have the life estate on the property since 10 years ago and also was left out of the original lawsuit.
    Question # 1: Any action that affects property has to include all persons that hold an interest in the property?
    Question # 2: An injunction can be requested only if there is a clear existing contract. They would have needed to ask for a declaratory judgment first?
    Question # 3: They would have needed to enter clear and convincing evidence and not just the sworn affidavit of the plaintiff, (which is false statements)?
    Question #4: Even in default the judge will have to make sure that it’s enough evidence, give a hearing before entering an injunction or making it permanent?
    I’ve read that due process rights are very important especially when referring to loss of property. The judge’s order would be gifting to our neighbor about 30 feet by 80 feet of land giving notice to two owners only after the order was entered. It is not that we missed service, we were not even named as party.
    Also I think it was not even the intention of the judge to gift our land to the neighbor since he claimed that the boundary was in the middle of the driveway and that he had an easement.
    I think the Judge didn’t even read the case since all he says is that the answer is late and failed to open the default. Nothing about the merits of the case.
    There’s more wrong with the order but I have already taken too much of your time.
    Thank you for the attention to this. I would really like it If you can look further into the case. Thank you.

    • Mari Myer says:

      You have raised several important issues. To be able to respond, I would need to know far more detail than you have provided in your post. Since the lawsuit was filed here in Georgia, I would be happy to schedule an appointment to discuss the specifics of your case. Once we have done that, I will be in a position to provide some thoughtful and case-specific legal advice. To schedule an appointment, you may email me directly using the contact form on this website. Meanwhile, please bear in mind that anything you post on this website becomes public and there is no attorney-client privilege applicable to public postings.

  16. Thanks for your public education and time. I need help and guidance for where to go, to get a Statewide or Federal injunction. I discovered a racketeering scheme by the police. I’m in California (but it appears that each state is doing this).
    Police are using unconstitutional “Bill of Attainder” codes/statutes to force people (who have not been proven guilty in court) – to give out personal info, register to lists, and other pains.

    The racket is these people cannot lawfully be put on these lists/punished – due to prohibition against “Bills of Attainder” [CA Const. Article 1, Section 9; U.S. Const. Art. 1, Section 10, Clause 1]. They are innocent until proven guilty. (i.e. the police are making up a fake controversy where a jury trial did not decide guilt).

    The motive for the police to enforce the racket (enforce unconstitutional Penal Code/Statute) – is monetary.
    CA Const. Article XIII B, Section 6 of the California Constitution requires the State to pay local law enforcement for costs of enforcing new legislation/requirements (e.g. force people to give personal info for registration).

    I am a victim of this forced racketeering and unconstitutional use of Penal Code. I also feel for other victims, and want to use my sufficient pleadings to create a cure for all (in my State at least).

    In the meantime, I have a crim case against me for not following their unconstitutional “Bill of Attainder.” I legally challenged it with legal notice and invocation of rights. But police ignored my rights, and do not enforce actual law anymore. They blackmailed me, then arrested without a warrant, after I reported their crime to city leaders.

    I can get my case dismissed for lack of jurisdiction to prosecute:
    (a) “A court cannot acquire jurisdiction to try a person for an act made criminal only by an unconstitutional law. [And thus], an offense created by an unconstitutional statute is no longer a crime and a conviction under such statute cannot be a legal cause for imprisonment.” State v. Benzel, 583 N.W.2d 434, 220 Wis.2d 588 (1998).
    (b) “Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them.” Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603.
    (c) “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 425 p. 442.

    But I don’t want to be forced to trial (since there are too many restrictions/threats against me as a Defendant), nor forced through the appeals process to get remedy (takes too long – for an issue that is already in my favor = what the Constitution says).

    1) So to protect myself, and to prevent anyone else from getting stuck in the loop that I am (gov unlawfully has private info and uses it to make threats) – can I seek an injunction that prohibits ALL State police from enforcing this Penal Code against persons not proven guilty?

    2) Do I need to start a lawsuit to petition for injunction? Or can I just file it as a victim who wants the State to end an unlawful practice? (I already have great damages, and other people will have damages if the unconstitutional Penal Code is still enforced).

    3) Which Court do I go to, the CA Supreme Court? Or the Federal Court?

    Please help. I have the need to help others. But I also need help too, I’m proceeding In Forma Pauperis. My Public Defender won’t defend me or allow me to present impeachment evidence to get the case dismissed.
    The county court isn’t honoring my rights, the DA is withholding impeachment evidence and even the crim complaint that got me arrested (on a fake charge). This is why I feel the need to go straight to the Supreme or Fed court to prevent irreparable injury/pains/threat to life.
    Thank you.

    • Mari Myer says:

      Your post raises numerous issues that can best be addressed by an attorney who is licensed in California where you are involved in legal proceedings. The attorney will need to know all of the details of your situation – including facts that may not be included in your post. The reason for this is that very specific details can sometimes control the outcome of legal proceedings. Since I’m not licensed to practice in California, I encourage you to locate counsel who are licensed in California and who have experience handling cases involving the interpretation of rights under the U.S. and California Constitutions. Even if you are unable to pay for an attorney, you may be able to locate experienced counsel who will represent you on a reduced fee basis.

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