What is a writ of attachment?

A writ of attachment is a court document issued in Massachusetts Civil Procedure that allows the Sheriff or a Constable to take possession of some type of property from an individual, in order to have it available as security for a court judgment. A writ of attachment can be used if a plaintiff believes that a defendant will not comply with the court’s judgment, or that the defendant may try to hide assets that could be used to satisfy the judgment. The process of issuing a writ of attachment typically begins with the plaintiff filing a complaint in Massachusetts Superior Court. The plaintiff requests the writ of attachment as part of the relief requested. The court reviews the complaint and may issue a writ of attachment if they determine that the plaintiff has a compelling case and that a writ of attachment is necessary. When a writ of attachment is issued, the Sheriff or Constable is then responsible for delivering the writ to the defendant and identifying the items that need to be secured. The defendant must keep all attached property away from their own control and use it only to comply with the court judgment. If the defendant fails to comply, the Sheriff or Constable can seize the property and hold it until the court case is resolved. Writs of attachment are a powerful tool for plaintiffs in Massachusetts civil litigation. They are intended to help ensure that the plaintiff receives adequate relief if the court rules in their favor.

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What is a writ of attachment?

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