What is a writ of attachment?

A writ of attachment is a court order that allows a creditor to secure or “attach” a debtor’s property or assets as payment for a debt. The writ orders the sheriff or other law enforcement officers to take possession of the debtor’s assets, such as money or property, and hold it until the debt is settled. In California, a writ of attachment may be issued when a debtor does not pay a debt that is due or when a lawsuit has been filed and the debtor is believed to have assets. Before a writ of attachment can be issued, the court must find that the debtor is “unable” or “unwilling” to pay the debt. If a writ is issued, the creditor can take possession of the debtor’s property and sell it in order to pay off the debt. A writ of attachment is very powerful and should not be taken lightly. The court can hold a debtor liable for any damages caused by the creditor during the taking of the property. Creditors should understand that even a successful writ of attachment may not result in the exact amount of money being received. A court may require the creditor to submit a bond and may also limit the kind of assets that can be seized. Important to remember is that a writ of attachment is a court order and should only be used when absolutely necessary. It is best for creditors to seek alternative methods of debt collection before seeking a writ of attachment.

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What is a writ of attachment?

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