What must affidavits show for an Order to Seize Chattel?

• A. Probability of success on the merits.
• B. Existence of a crime.
• C. The defendant's profit margin.
• D. The chattel value exceed threshold.

Answer: (C)

Affidavits supporting an Order to Seize Chattel must show the defendant's profit margin because this provisional remedy is about preventing dissipation of assets before a full hearing. Demonstrating profitable activity indicates the defendant has ongoing funds and incentives to move, hide, or drain assets, which puts potential recovery at risk if the seizure isn’t made promptly. The court needs to see that there is real financial motive and capacity behind the risk of asset dissipation, and the defendant’s profit margin is a clear, concrete way to establish that. Other factors like future chances of success on the merits, criminal status, or just the raw value of the chattel don’t by themselves prove the urgent need to seize; what matters for this remedy is showing that the defendant’s finances create a real risk that assets could be dissipated before judgment and that seizure is necessary to preserve the plaintiff’s ability to collect.