Writ of Attachment - Explained
What is a Writ of Attachment?
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Table of ContentsWrit of Attachment DefinitionA Little More on What is a Writ of AttachmentAcademic Research
What is a Writ of Attachment?
In a legal case, a writ of attachment is a court order that empowers a plaintiff to attach or seize the assets of a defendant pending the time the legal case is finalized. A writ of attachment is a prejudgment process, it is an order issued before the final judgement is reached. The asset or property seized is kept under a U.S Marshal, law enforcement officer or a sheriff until an outcome is reached. The purpose of a writ of attachment is to prevent the defendant from disposing of the asset before a court judgment is issued.
How Does a Writ of Attachment Work?
Through a prejudgment writ of attachment, the assets or properties of a defendant are frozen pending the time legal action is decided on. The plaintiff in a legal case can seek a writ of attachment as a prejudgment process to prevent the assets been disposed before the final judgement is made. A writ of attachment can also be referred to as a contingent lien. There are diverse forms of attachment which include sequestration, garnishment and replevin. Creditors can also apply for writ of attachment as a legal claim of the asset or property of the defendant (the borrower). It is important to note that a writ of attachment is not the final judgment, rather, it is a prejudgment that lasts until the final decision is made by the court. A writ fi attachment provides the plaintiff from being cheated and also guarantees a future judgment. Plaintiffs can as well negotiate with defendants on terms of settlement after a writ of attachment has been secured. A plaintiff can obtain a writ of attachment on the following grounds or claims;
- A contract based on money
- A partially secured or unsecured loan
- A commercial business agreement or
- On a fixed amount that can be ascertained.
Before a court can grant a writ of attachment to a plaintiff as a prejudgment process, the plaintiff must file a lawsuit before a court. After the civil lawsuit has been filed, the plaintiff also needs to serve a complaint stating that he wants to recover debts owed by the defendant. Once this has been put into writing, a plaintiff can commence a process to obtain a writ of attachment before the court reaches a resolution on the case.