Which of the following is a provisional remedy?

Which of the following is a provisional remedy?

• A. Notice of pendency
• B. Writ of execution
• C. Garnishment
• D. Dismissal

Answer: (A)

Provisional remedies are temporary measures to protect a party’s rights while a case is being decided, not final solutions. In real property disputes, a notice of pendency (lis pendens) fits this role by recording a notice on the property to alert the public that litigation affecting title is underway. This preserves the claimant’s interest by clouding title and preventing transfers that could undermine the lawsuit, ensuring that the property remains subject to the outcome of the case. It doesn’t resolve the dispute itself; it simply protects the right and keeps the matter visible during litigation. Writs of execution and garnishment, by contrast, are tools used after a judgment has been entered to enforce or collect what is owed, not to preserve rights during the pendency of the action. Dismissal ends the case and offers no interim protection for property interests.

Provisional remedies are temporary measures to protect a party’s rights while a case is being decided, not final solutions. In real property disputes, a notice of pendency (lis pendens) fits this role by recording a notice on the property to alert the public that litigation affecting title is underway. This preserves the claimant’s interest by clouding title and preventing transfers that could undermine the lawsuit, ensuring that the property remains subject to the outcome of the case. It doesn’t resolve the dispute itself; it simply protects the right and keeps the matter visible during litigation.

Writs of execution and garnishment, by contrast, are tools used after a judgment has been entered to enforce or collect what is owed, not to preserve rights during the pendency of the action. Dismissal ends the case and offers no interim protection for property interests.