What is a writ of attachment?

A writ of attachment is a court-issued order that requires a defendant to surrender possession of property to secure payment of a debt or damages in a civil lawsuit. In Maryland, a writ of attachment is available for a variety of civil matters, such as breach of contract, conversion of goods, and unpaid debt. When the court grants a writ of attachment, the plaintiff (the person filing the lawsuit) must give a deposit to cover the cost of enforcing the writ. The procedure for obtaining a writ of attachment is fairly straightforward. The plaintiff must file a complaint in the circuit court of Maryland and then must apply for a writ of attachment with the court. The court then must decide if the writ should be granted. In order to make a decision, the court looks at whether the plaintiff has a valid cause of action and whether the defendant has sufficient property that can be attached to secure the payment of the debt or damages. Once the writ of attachment is issued, it is served on the defendant and the defendant must surrender any property in his or her possession that can be attached by the court. The court can also issue a “garnishment,” which is an order that requires an employer to withhold a portion of the defendant’s wages to pay the plaintiff’s debt or damages. A writ of attachment is a useful tool for enforcing payment of a debt or damages. However, it should not be used lightly, since it can be a costly and time-consuming process.

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What is a writ of attachment?

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