Writ of Attachment: What They Are, How They Work

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

Updated October 31, 2021 Reviewed by Reviewed by Anthony Battle

Anthony Battle is a CERTIFIED FINANCIAL PLANNER™ professional. He earned the Chartered Financial Consultant® designation for advanced financial planning, the Chartered Life Underwriter® designation for advanced insurance specialization, the Accredited Financial Counselor® for Financial Counseling and both the Retirement Income Certified Professional®, and Certified Retirement Counselor designations for advance retirement planning.

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Judge sitting in the office while reading a writ of attachment before sending it out.

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 described in the writ. The property is seized and held in the custody of an appointed official, such as a U.S. Marshal or law enforcement officer, under court supervision.

A writ of attachment demands the creditor's property prior to the outcome of a trial or judgment, whereas a writ of execution directs law enforcement to begin the transfer of property as the result of the conclusion of a legal judgment.

Key Takeaways

A writ of attachment is a court order demanding a debtor's property be seized prior to a judgment in the creditor's favor.
A writ of attachment may be used in bankruptcy cases and in eviction cases (when a tenant will not leave on their own and will not pay rent).
In the event that the judge rules in favor of the debtor, the property will be returned unto them.
If the creditor instead prevails, the seized property may be sold at auction to satisfy the unpaid debts.

How a Writ of Attachment Works

A writ of attachment is generally used to freeze a defendant's assets pending the outcome of legal action. That is, the plaintiff—who is the party bringing the legal action against the defendant—obtains a contingent lien on the defendant's assets. The lien is a legal charge to take ownership of the defendant's property to satisfy a debt. The writ of attachment allows the lien to be exercised should the plaintiff successfully obtain a judgment against the defendant.

There are several different types of attachment.

A garnishment is a court order directing a third party to seize assets, such as wages or money, from a person's paycheck or bank account to settle an unpaid debt.
A writ of replevin is usually put in place to take property held by a person wrongfully, while sequestration preserves the property pending litigation.

In debt collection outside of bankruptcy action, a writ of attachment from the civil court system is one tool available to creditors. It allows plaintiffs to place a legal claim on a defendant's assets early on in the judicial process before a judgment is even entered.

This form of judicial lien provides a two-fold benefit as it protects the plaintiff's right and ability to collect on any future judgment. It also provides leverage to negotiate a settlement with the defendant earlier in the process.

Requirements for a Writ of Attachment

Most jurisdictions at the state and federal level allow plaintiffs to obtain writs of attachment, although the agencies and procedures involved may differ. Typical courts require a claim be:

One for money, based on a contract
Of a fixed amount or a readily ascertainable amount
Unsecured or not fully secured
Of a commercial nature

To obtain a writ of attachment—as with any form of judicial relief—you must first file a civil lawsuit before a court has any authority to take action on your behalf. This requires filing and serving a complaint for recovery of the debts owed to you or your business. After that, or simultaneous with these actions, you can initiate a proceeding to obtain a writ of attachment, usually requiring a hearing before the court.

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