A Massachusetts Writ of Attachment is a legal document issued by a court of law in the Commonwealth of Massachusetts. It orders a third party to seize and hold property belonging to a defendant, in order to secure the payment of a debt, judgment, or other obligation owed by the defendant. The Writ of Attachment is a pre-judgment remedy, meaning it can be used before a judgment is entered in a civil case. There are three types of Massachusetts Writ of Attachment: General, Levy, and Special. A General Writ of Attachment is issued when the plaintiff is seeking the return of personal property, such as goods, documents, or money, that was wrongfully taken from them. A Levy Writ of Attachment is issued when the plaintiff is seeking to attach the defendant's real estate, such as a house or land, in order to secure the payment of a debt or judgment. A Special Writ of Attachment is issued when the plaintiff is seeking to attach the defendant's bank accounts, wages, or other intangible assets in order to secure the payment of a debt or judgment.
Massachusetts Writ of Attachment
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FAQ
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.
A body attachment is a type of arrest warrant. There is not much of a difference between an arrest warrant and a body attachment. Both are legal orders signed by a judge and require law enforcement officers to arrest you as soon as possible.
488.510. (a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.
A writ of attachment is commonly used by a plaintiff to secure a contingent lien on a defendant's property in the event that the plaintiff obtains a judgment against the defendant. There are various types of attachments including garnishment, sequestration and replevin.
Some examples of attachable property are the following: farm products, inventory, equipment, final money judgements arising out of defendant's conduct of trade, business or profession, homestead exemption, any interest in real property, accounts receivable arising out of conduct by defendant of trade, business, or
A writ of attachment is typically requested soon after a case is filed (in order to freeze the defendant's assets while the case is pending). A writ of execution is issued at the end of a case after the judgment is reached, in order to enforce a judgment debt that has been awarded to the creditor.
One way to defeat the writ of attachment proceeding in a breach of contract action is to demonstrate to the Court that the terms of the contract themselves are ambiguous, and can only be determined through discovery in a case, and possibly through a factual determination by a jury.