Awesome Prejudgment Collection Remedy: The Writ of Attachment

Written by Adam Peck Category: Injury Law January 14th, 2013 2 min read

What Is A Writ Of Attachment And Why Do You Need It?

If you have filed a lawsuit, and want to make sure that the defendant’s assets will be available to satisfy a judgment, a writ of attachment allows you to levy on and obtain a lien against the defendant’s California property. The writ of attachment establishes your lien priority-without it an unsecured creditor risks being subordinated to other liens imposed on the defendant’s property prior to the creditor obtaining a judgment and perfecting its judgment lien.

A writ of attachment is available in a contractual action involving a claim or claims for money. CCP Â§483.010(a). A writ of attachment is also available in an unlawful detainer actionto the extent of the unpaid rent at the time the action is filed plus estimated rent, computed at the lease rate, through the estimated date that the plaintiff will gain possession. CCP Â§483.020.

The claim must be fixed or ascertainable in an amount not under $500, exclusive of costs interest, and attorney fees, but claims can be aggregated. CCP Â§483.010(a). The claim cannot be secured by real property unless, through no act of the plaintiff or the person to whom thesecurity was given, the security has become valueless or has decreased in value to less than theamount owed on the claim, in which case the writ of attachment is for the difference between the value of the security and the amount of the claim. CCP Â§483.010(b).

Attachment is allowed on claims secured by real property or by fixtures under the Commercial Code. CCP Â§483.0 1D(b). A writ of attachment encourages and promotes settlement, because it forces the defendant to seriously consider the merits of your claim. If you can obtain a writ of attachment, it is possible to deprive the defendant of the use of their assets you have attached-throughout the course of the lawsuit!

In collection cases, where the defendant is incurring business losses, concealing assets, or about to leave the state; or where several creditors are all trying to establish priority~a writ of attachment can quickly protect you from losing out on collecting what you are owed.

Share it

Questions? Check with Peck Today

Blog Lead Form

Elder Abuse and Neglect in Assisted Living Facilities

Elopement in Nursing Homes

Assisted Living Abuse

Settlement Reached in Assisted Living Facility Death

Assisted Living Abuse and Neglect Attorneys

Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.