Murdaugh lawyers file motion against freezing of assets

The Murdaugh Investigation

Alec Murdaugh awaits the beginning of his bond hearing in the Richland Judicial Center in Columbia, S.C., Tuesday, Oct. 19, 2021. A judge in South Carolina denied bond for attorney Alex Murdaugh on the second set of charges he has faced since finding his wife and son dead last June. (AP Photo/Lewis M. Levine, Pool)

HAMPTON, S.C. (WCBD) – Lawyers for Alex and Buster Murdaugh, members of a prominent South Carolina legal dynasty embroiled in scandals, have filed a motion opposing the recent freezing of their assets.

According to documents filed in a Hampton County court, the defense argues that “the Order (1) made no findings of facts to support the relief granted, (2) runs counter to well-settled South Carolina law, and (3) violates due process.”

MORE: THE MURDAUGH INVESTIGATION

The motion argues that South Carolina law requires three elements for a preliminary injunction to be granted– (1) that the plaintiff would suffer irreparable harm if the injunction is not granted; (2) that the plaintiff will likely succeed in the litigation; and (3) that the plaintiff has an inadequate remedy at law — yet the order freezing the Murdaughs assets “only addresses one of these three requirements.”

Lawyers for the Murdaughs also argue that the appointing of co-receivers is a “drastic remedy” and is unwarranted under the given circumstances.

They say “a receiver should only be appointed with ‘reluctance and caution’ and certainly only after a full and fair opportunity for a defendant against whom such relief is sought to fully present evidence opposing such relief.”

Further, the defense argues that the authorities of the co-receivers are overly broad, specifically the ability to sell Murdaugh assets, which the motion describes as unconstitutional.

The Murdaughs are requesting a hearing on the subject.

Editor’s note: This story is breaking and will be updated.

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