A writ is a legal order from a judge directing a party to act or cease to act. A writ of seizure is used to seize assets to satisfy a sentence. It can also be used to prevent the disposition of assets before or during legal proceedings. A garnishment writ is commonly used to protect creditors and can also be issued to compel a person’s appearance in court. The property seized is often held in trust by law enforcement agencies until a verdict is determined.
In law, a writ is an order from a government official, usually a judge, directing a party to act or cease to act in a particular way. A foreclosure is defined as a seizure of property. A writ of seizure is a judicial order ordering a law enforcement official to seize certain assets to satisfy a sentence.
The origin of this legal procedure can be traced back to medieval Europe, although some jurists claim that the precedent for a writ of seizure can be found in Roman law. In Europe, this type of writ has been used to seize property disputed in a lawsuit, to reclaim property from a debtor who defaulted on a loan, or to compel a party to appear before a court or government official. Maritime courts have used the writ to arrest or seize ships to prevent a delinquent debtor from absconding with his property and shipping it without paying the creditor who had backed the venture.
The most common use of a garnishment deed in the United States, Canada, the United Kingdom, and many other countries is to protect a creditor. In cases where a judgment has been issued against a defendant, the court will issue an order to an officer or law enforcement agency to seize specific real or personal property to settle the debt. In the United States, a representative of the plaintiff, or a person who brought the case to court, may in some cases accompany the officer to identify the property to be seized and to answer any questions the defendant may have.
In some cases, a garnishment writ may be issued to prevent the disposition of assets before or during legal proceedings. This can happen in cases where fraud is suspected. Prejudicial acts are also a common practice once a bankruptcy claim has been filed. The deed serves as a vehicle to keep the property secure until a verdict can be determined. If a sentence is passed against the defendant, then it will be served accordingly; otherwise, the property can be returned to the person from whom it was seized.
Property that has been seized as a result of a preventive attachment deed is often held in trust by law enforcement agencies. In these cases, the plaintiff must arrange for the advance payment to the courts of the related notification and custody costs. If the deed names the plaintiff as custodian, then he must verify with the court that he has adequate, secure, prepaid storage for the property. The plaintiff is not allowed to dispose of the property until he has received a property award judgment.
In some cases, a garnishment writ may be issued against a person to compel his or her appearance before the court. Called the garnishment writ, this document requires law enforcement agencies to seize the party and bring it before the court at a designated time. This procedure is usually employed in cases where a person is found to be in contempt of court by refusing to appear when requested, or because of a court-ordered non-payment of child support.
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