A writ of attachment is a
court order to "
attach" or seize an asset. It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court.
A prejudgment writ of attachment may be ordered in a legal action where a plaintiff has demonstrated meritorious allegations, fraud in the underlying action, or that defendant may attempt to dispose of or hide assets from the court. In this context, a prejudgment writ of attachment functions much like a
temporary restraining order
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
(TRO), which preserves the
status quo pending a final resolution of the dispute. However, unlike a TRO, a prejudgment writ of attachment provides a source of financial recovery for a plaintiff. Usually, a plaintiff seeking a prejudgment writ of attachment must post a
surety bond of up to two times the amount of the damages claimed by the plaintiff. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court.
One species of this writ is called a "writ of body attachment". This writ may be available to a court wishing to bring into its presence a person who has been held in
contempt of court. In this situation, the writ is also sometimes called a "writ of bodily attachment", an "order of commitment for civil contempt", or a "warrant for civil arrest".
US Marshals Service – Writ of Body Attachment
See also
*Attachment (law) Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are ...
Footnotes
Judicial remedies
Writs
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