Writ of attachment

[1] It is issued by a court to a law enforcement officer or sheriff.

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 (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.

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.