You are much safer and can accomplish the same result if you sue the offending party and seek a prejudgment remedy against him when you initiate the suit (garnishment of his receivables from his client ,the title company). Very often the larger national title companies are required to file for a certificate of authority to do business in all 50 states. If it is granted by the state, the title company is considered physically present in the state. If the suit is filed in a forum state that allows prejudgment remedies, and if the title company has a certificate of authority to operate in the forum state, you can serve the offending party as a defendant and notify the title company to freeze the defendant's receivables in an amount equal to the suit. I do this routinely in Connecticut in collection cases. Generally the defendant is on the phone immediately to work out terms of payment rather than have his client dragged into the suit as a garnishee.