Writ of Attachment Definition
In a legal case, a writ of attachment is a court order that empowers a plantiff 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 asst before a court judgment is issued.
A Little More on What is a Writ of Attachment
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.
References for “Writ of Attachment”
Writ of Attachment, Winter, W. F. (1952). Writ of Attachment. Miss. LJ, 24, 9.
The Writ of Prohibition to Court Christian, Adams, N. (1935). The Writ of Prohibition to Court Christian. Minn. L. Rev., 20, 272.
Modern Utility of Quasi in Rem Jurisdiction, Carrington, P. D. (1962). Modern Utility of Quasi in Rem Jurisdiction. Harv. L. Rev., 76, 303.
Sovereign Immunity—The Case of the “Imias”, Leigh, M. (1974). Sovereign Immunity—The Case of the “Imias”. American Journal of International Law, 68(2), 280-289.
Attachment and Sequestration: Provisional Remedies Under the Louisiana Code of Civil Procedure, Johnson Jr, J. D. (1963). Attachment and Sequestration: Provisional Remedies Under the Louisiana Code of Civil Procedure. Tul. L. Rev., 38, 1.
Process of Imprisonment at Common Law, Fox, J. C. (1923). Process of Imprisonment at Common Law. LQ Rev., 39, 46.
The Constitutionality of Maritime Attachment, McNamara, T. J. (1980). The Constitutionality of Maritime Attachment. J. Mar. L. & Com., 12, 97.
Nature of Contempt of Court, Fox, J. C. (1921). Nature of Contempt of Court. LQ Rev., 37, 191.
Eccentricities of the Law of Contempt of Court, Fox, J. C. (1920). Eccentricities of the Law of Contempt of Court. LQ Rev., 36, 394.
Practice in Contempt of Court Cases, Fox, J. C. (1922). Practice in Contempt of Court Cases. LQ Rev., 38, 185.