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.

Back To: Legal Disputes: Civil and Criminal Law

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.

Related Topics

• Civil Litigation Procedure (Intro)
• What is a civil lawsuit or civil action?
• Who are the parties to a lawsuit?
• What is standing to sue?
• Venue
• What is personal jurisdiction?
• What is a class action?
• What are the pleadings?
• What is discovery?
• What is the scope of discovery?
• What are motions and how are they used?
• What are frivolous cases?
• Barratry
• What is the process of selecting a jury?
• What are the steps involved in a civil trial?
• What is the burden of proof in a civil trial?
• How is a civil trial decided?
• Adjudication
• Default Judgment
• Stipulated Judgment
• Equitable Defenses
• Equitable Relief
• Doctrine of Clean Hands
• Compensatory Damages
• Punitive Damages
• Replevin
• What is joint and several liability?
• Judgment Proof
• What is the process for appeal?
• Amicus Curiae Brief
• How do parties enforce a civil judgment?
• Levy
• Garnishment
• Writ of Attachment
• Writ of Execution
• Writ of Seizure and Sale
• Sheriff's Sale
• What is res judicata