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Writ of Attachment Questions

What is a writ of attachment?

A writ of attachment is a “court order” from the court to “attach” or seize an asset of the defendant. The writ of attachment is issued in civil cases to fulfill a judgment passed by the court. Such an order is issued to a sheriff or a law enforcement officer to seize an asset or property of a person. A prejudgment writ of attachment is generally used to immobilize the defendant’s assets while the judgment is pending. The reason why a prejudgment writ of attachment may be obtained is if the defendant committed fraud or fails to disclose assets to the court.

My daughter’s private school filed a case against us for non-payment of fees. We appealed the matter and it was denied. Till now 25% of my wages have been garnished through a writ of attachment. How can I dispute or stop the writ of attachment on my wages?

In most cases, a writ of attachment may not be disputed or challenged. If you have reasons such as lack of service, you could try to have the judgment vacated. If your appeal has been denied, you could appeal the denial as well to a higher court. But this could be a pointless exercise because the court has already ruled against you. The main way to stop the garnishment of your wages would be to pay off the private school as per the judgment.

How can I reclaim my property once a writ of attachment has been executed?

If the writ of attachment is valid along with the debt attached to it, the method to reclaim your property would be to paying or clearing the debt promptly before the creditor can sell your property. Once this is done, the responsibility of retrieving your property is yours and the sheriff or law enforcement officer has no obligation to deliver or return your property to you.

Is a person physically required to be present in court to have a writ of attachment removed or would a letter of reply suffice?

A writ of attachment is similar to a bench warrant. The defendant has to appear in front of a judge to have the writ vacated or removed. The judge could waive the personal appearance however this would be highly unlikely as the writ of attachment requires the person to be present physically.

What is the meaning of a writ of attachment being returned unexecuted?

This implies the writ of attachment was filed and attempts were made for it to be served but it could not be executed and hence being returned. You could try to file for another writ of attachment.

Can business and personal accounts be blocked due to writs of attachment being issued against me? What do these writs entail and what are my options?

The possibility of freezing business and/or personal accounts based on a writ of attachment is high depending on the type of suit and if there is a claim that you could be concealing assets. A creditor who has provided an unsecured loan may approach the court to obtain a lien on property before the judgment with the help of a writ of attachment. The levying officer could impose the writ of attachment on the property of a debtor. For example: In California, a writ of attachment is usually taken by a creditor for a contract claim exceeding $500. A judgment creditor executing the writ of attachment could hamper the debtor’s affairs drastically. There are two possible ways to avoid this:
1. The debtor could offer full or partial payment or arrive upon a payment schedule acceptable by the judgment creditor.
2. If bankruptcy is applicable, the debtor can seek protection by filing a voluntary bankruptcy petition under federal bankruptcy law. If this petition is filed within 90 days from when the writ is issued, the writ could be avoided. The judgment creditor’s time and expense would be wasted.

My sibling is on probation for previous crimes. Recently he received a misdemeanor concerning a writ of attachment. What could be his punishment?

A writ of attachment is a civil issue dealing with a court order to seize a debtor’s assets by the creditor in order to recover their debt. A writ of attachment would not lead to a violation of probation and neither is it considered a warrant. Probation is concerned with criminal procedure. It would be highly unlikely the writ of attachment would affect the probation leading to any particular punishment.

Writ of attachment is a means to obtain custody of a debtor’s assets when a creditor is unable to recover his/her debts. It provides a solution to obtain a guarantee for the debt in the form of property/assets and enforce the judgment ruled by a court. The debtor has the duty to pay or in dire situations he/she may file bankruptcy. To understand whether you can file for a writ of attachment or how to tackle one, consulting Experts could prove useful.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Writ of Attachment Questions

  • I want to know if creditor's attorney is obligated to remove

    I want to know if creditor's attorney is obligated to remove writ of attachment when a judgment is satisfied.
  • How do you remove a writ of attachment?

    How do you remove a writ of attachment?
  • I have recently sent a letter for repossession for non-payment

    I have recently sent a letter for repossession for non-payment and breach of contract, I have given the person 15 days to either pay us in full or return ALL equipment. Meanwhile the person of whom we speak has obtained my signed titles that were in my top dresser drawer and has sold one of our trucks, mind you NO PAYMENTS have been made since September,2014, when a partial down payment was given of 4000.00 of 50,000.00 owed at the rate of 1972.21 per month conveniently the person who has the titles happens to be the who noticed our home was broken into and several items were of course stolen, but yet when we tell the police that they (THE TITLES), were secure in our home they say that this is( he said she said) and although I had all of our equipment secured the exact same officer who is investigating our break in allowed this person to take more property that was already secured there in Roscommon, Michigan and we now are staying 2000 miles away in Arizona , so could you please give me some advise as to how I secure my property after his 15 days are up. And what to do about all the equipment he's been selling also wouldn't the sheriff's dept. be liable for anything sold after the date I had it secured and the exact same officer who's investigating the B&E let him take it all ? also we let the officer know these titles are stolen he more or less had the oh well out-look , so any knowledge would be greatly appreciated i'll be sitting by the computer awaiting your response, thank you respectfully,
    Curtis Vietti Jr.
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