Writ of Attachment
Candlefocus EditorThe writ of attachment is most commonly used in civil cases such as bankruptcy and eviction proceedings. In such cases, it permits the creditor to legally grab assets from the debtor before any judgment has been rendered, thus ensuring that assets are not dispersed or otherwise squandered prior to a judgment.
When gathering assets for the writ, a creditor can take goods owned by the debtor, such as furniture, cars, and jewelry, as well as intangible goods like bank accounts, stock certificates, and funds held in court accounts. For example, a landlord can use a writ of attachment in an eviction case to obtain the tenant’s possessions, while a creditor can utilize a writ of attachment to seize a debtor’s income, if necessary.
Should the debtor be successful in the court case and prevail against the writ, then the debtor is entitled to recover their seized property. However, if the creditor prevails in their case, the seized property will be auctioned off, and the proceeds may be used to pay off the debt. A writ of attachment is legally binding property seizure, and it represents one the primary ways a creditor can successfully collect payment from a debtor when they refuse to pay.