A writ of attachment is a court order to "attach" or seize an asset.[1] It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court.
A prejudgment writ of attachment may be ordered in a legal action where a plaintiff has demonstrated meritorious allegations, fraud in the underlying action, or that defendant may attempt to dispose of or hide assets from the court. In this context, a prejudgment writ of attachment functions much like a temporary restraining order (TRO), which preserves the status quo pending a final resolution of the dispute. However, unlike a TRO, a prejudgment writ of attachment provides a source of financial recovery for a plaintiff. Usually, a plaintiff seeking a prejudgment writ of attachment must post a surety bond of up to two times the amount of the damages claimed by the plaintiff. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court.
One species of this writ is called a "writ of body attachment". This writ may be available to a court wishing to bring into its presence a person who has been held in contempt of court. In this situation, the writ is also sometimes called a "writ of bodily attachment", an "order of commitment for civil contempt", or a "warrant for civil arrest".[2]
writ, attachment, examples, perspective, this, article, represent, worldwide, view, subject, improve, this, article, discuss, issue, talk, page, create, article, appropriate, december, 2010, learn, when, remove, this, template, message, writ, attachment, court. The examples and perspective in this article may not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate December 2010 Learn how and when to remove this template message A writ of attachment is a court order to attach or seize an asset 1 It is issued by a court to a law enforcement officer or sheriff The writ of attachment is issued in order to satisfy a judgment issued by the court A prejudgment writ of attachment may be ordered in a legal action where a plaintiff has demonstrated meritorious allegations fraud in the underlying action or that defendant may attempt to dispose of or hide assets from the court In this context a prejudgment writ of attachment functions much like a temporary restraining order TRO which preserves the status quo pending a final resolution of the dispute However unlike a TRO a prejudgment writ of attachment provides a source of financial recovery for a plaintiff Usually a plaintiff seeking a prejudgment writ of attachment must post a surety bond of up to two times the amount of the damages claimed by the plaintiff Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court One species of this writ is called a writ of body attachment This writ may be available to a court wishing to bring into its presence a person who has been held in contempt of court In this situation the writ is also sometimes called a writ of bodily attachment an order of commitment for civil contempt or a warrant for civil arrest 2 See also editAttachment law Footnotes edit US Marshals Service Writ of Attachment US Marshals Service Writ of Body Attachment nbsp This law related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Writ of attachment amp oldid 1120416456, wikipedia, wiki, book, books, library,
