Lesson 50: Writs of Attachment and Garnishment

Welcome to Lesson 50 of Exploring Civil Procedure Fundamentals. This lesson focuses on the provisional remedies of writs of attachment and garnishment. These remedies are essential tools in civil litigation for securing a plaintiff's interest in the defendant's property before the final judgment. Check out these books on Amazon for more insights!

What is a Writ of Attachment?

A writ of attachment is a court order to seize a defendant's property to secure a potential judgment. It is often used when there is a risk that the defendant might dispose of the property before the case is resolved. The process for obtaining a writ of attachment generally involves demonstrating that there is a valid claim and a risk of irreparable harm without the attachment.

Process for Obtaining a Writ of Attachment:

  1. Describe your claim:
  2. Describe the property to attach:
  3. Apply for Writ of Attachment:

What is a Writ of Garnishment?

A writ of garnishment is a court order directing a third party (such as a bank or employer) to seize a defendant's assets or wages to satisfy a judgment. This is typically pursued after obtaining a judgment, although pre-judgment garnishment is also possible under certain circumstances.

Process for Obtaining a Writ of Garnishment:

  1. Provide details of the judgment:
  2. Identify third party to garnish from:
  3. Apply for Writ of Garnishment:

Illustration of Writs of Attachment and Garnishment

Plaintiff files a lawsuit
Plaintiff applies for writ of attachment
Court issues writ of attachment
Defendant's property is seized
Plaintiff wins judgment
Plaintiff applies for writ of garnishment
Court issues writ of garnishment
Third party seizes Defendant's assets
Plaintiff is paid from seized assets

For more insights into other provisional remedies, explore our lessons on Injunctions and Restraining Orders and Temporary Restraining Orders (TROs).

Conclusion

Understanding writs of attachment and garnishment is crucial for ensuring that a plaintiff's interests are protected throughout litigation. These provisional remedies provide a mechanism for securing assets and ensuring that a defendant does not dissipate the property that might be needed to satisfy a future judgment. For a comprehensive overview of civil procedure, revisit our introductory lesson on What is Civil Procedure?.

« Previous
Take the Quiz »