Writ Of Attachment Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Writ Of Attachment, written in plain English, along with examples of how it is used.
What is Writ Of Attachment?
(n) A writ of attachment is a written order issued by a court, authorizing and directing a law enforcing officer to attach specified properties of persons or entity against whom the writ was given
History and Meaning of Writ Of Attachment
The writ of attachment has its roots in English common law and has been used for centuries as a legal tool to secure property in anticipation of a judgment. In its simplest form, a writ of attachment is a court order that allows a creditor to seize property belonging to a debtor to satisfy a debt. This type of writ can also be used to secure property in other types of legal actions, such as divorce cases or fraud cases.
In the United States, the use of the writ of attachment is governed by state law, and the rules and procedures for obtaining the writ can vary from state to state. Generally, a creditor seeking a writ of attachment must show that there is a valid debt, that the debtor has property that can be attached, and that there is a risk that the property will be removed from the state or hidden to avoid collection.
Examples of Writ Of Attachment
Here are some examples of how a writ of attachment might be used in different contexts:
In a commercial dispute, a business files a lawsuit against a former partner who owes it money. The business obtains a writ of attachment to seize the partner's assets, including real estate and bank accounts, until a judgment can be obtained.
In a divorce case, a spouse files for divorce and obtains a writ of attachment to seize the couple's joint bank account to prevent the other spouse from draining the account before the divorce is finalized.
In a criminal case, a prosecutor obtains a writ of attachment to seize a defendant's property that was obtained through illegal activity, such as the profits from drug sales.
In a foreclosure action, a bank obtains a writ of attachment to secure the borrower's property, such as a house or a car, pending the outcome of the foreclosure.
Legal Terms Similar to Writ Of Attachment
Some related terms that are similar to a writ of attachment include:
Writ of execution: A writ of execution is a court order that authorizes a sheriff or other law enforcement officer to seize property belonging to a judgment debtor and sell it to satisfy a judgment.
Garnishment: Garnishment is a legal process where a creditor can seize funds from a debtor's bank account or wages from the debtor's employer to satisfy a debt.
Levy: A levy is a legal process where a creditor can seize property belonging to a debtor to satisfy a debt. A seizure under a writ of attachment is a type of levy.