how a writ of attachment works
a writ of attachment is generally used to freeze a defendant s assets pending the outcome of legal action that is the plaintiff who is the party bringing the legal action against the defendant obtains a contingent lien on the defendant s assets the lien is a legal charge to take ownership of the defendant s property to satisfy a debt the writ of attachment allows the lien to be exercised should the plaintiff successfully obtain a judgment against the defendant there are several different types of attachment in debt collection outside of bankruptcy action a writ of attachment from the civil court system is one tool available to creditors it allows plaintiffs to place a legal claim on a defendant s assets early on in the judicial process before a judgment is even entered this form of judicial lien provides a two fold benefit as it protects the plaintiff s right and ability to collect on any future judgment it also provides leverage to negotiate a settlement with the defendant earlier in the process requirements for a writ of attachmentmost jurisdictions at the state and federal level allow plaintiffs to obtain writs of attachment although the agencies and procedures involved may differ typical courts require a claim be to obtain a writ of attachment as with any form of judicial relief you must first file a civil lawsuit before a court has any authority to take action on your behalf this requires filing and serving a complaint for recovery of the debts owed to you or your business after that or simultaneous with these actions you can initiate a proceeding to obtain a writ of attachment usually requiring a hearing before the court 