Writ of Attachment
What Is a Writ of Attachment?
A writ of attachment is a form of prejudgment process in which a court orders the attachment or seizure of property depicted in the writ. The property is seized and held in the custody of a selected official, like a U.S. Marshal or law enforcement officer, under court watch.
A writ of attachment requests the creditor's property prior to the outcome of a trial or judgment, while a writ of execution guides law enforcement to start the transfer of property as the consequence of the decision of a legal judgment.
How a Writ of Attachment Works
A writ of attachment is generally used to freeze a respondent's assets pending the outcome of legal action. That is, the offended party — who is the party bringing the legal action against the respondent — gets a contingent lien on the litigant's assets. The lien is a legal charge to take ownership of the respondent's property to fulfill a debt. The writ of attachment permits the lien to be practiced should the offended party effectively get a judgment against the litigant.
There are several different types of attachment.
- A garnishment is a court order guiding an outsider to hold onto assets, like wages or money, from a person's paycheck or bank account to settle an unpaid debt.
- A writ of replevin is generally put in place to take property held by a person improperly, while sequestration saves the property pending litigation.
In debt collection outside of bankruptcy action, a writ of attachment from the civil court system is one device accessible to creditors. It permits offended parties to place a legal claim on a respondent's assets right off the bat in the judicial cycle before a judgment is even placed.
This form of judicial lien gives a two-overlay benefit as it safeguards the offended party's right and ability to collect on any future judgment. It likewise furnishes leverage to arrange a settlement with the litigant prior simultaneously.
Requirements for a Writ of Attachment
Most purviews at the state and federal level permit offended parties to acquire writs of attachment, albeit the agencies and procedures included may vary. Common courts require a claim be:
- One for money, in view of an agreement
- Of a fixed amount or a promptly ascertainable amount
- Unsecured or not completely gotten
- Of a commercial sort
To get a writ of attachment — similarly as with any form of judicial help — you must initially file a civil lawsuit before a court has any authority to make a move for your sake. This requires filing and serving an objection for recovery of the debts owed to you or your business. From that point forward, or simultaneous with these actions, you can start a procedure to get a writ of attachment, for the most part requiring a consultation before the court.
Features
- On the off chance that the creditor rather wins, the held onto property might be sold at auction to fulfill the unpaid debts.
- A writ of attachment might be utilized in bankruptcy cases and in eviction situations (when a tenant won't leave all alone and won't pay rent).
- If the judge rules for the debtor, the property will be returned unto them.
- A writ of attachment is a court order requesting a debtor's property be held onto prior to a judgment in the creditor's approval.
