Which writ is designed to seize and attach property to satisfy a monetary obligation when the property is in the possession of a third party?

Which writ is designed to seize and attach property to satisfy a monetary obligation when the property is in the possession of a third party?

• A. Writ of Attachment
• B. Writ of Sequestration
• C. Writ of Garnishment
• D. Writ of Execution

Answer: (C)

Garnishment is the process used to reach assets that are not in the debtor’s direct possession but are held by someone else, like wages being paid by an employer or funds in a bank account. The court issues a writ directing that third party (the garnishee) to withhold or deliver a portion of those assets to satisfy a monetary judgment. This is the scenario where a creditor needs to recover money from assets that the debtor has placed in the hands of another person or institution. Think of it as targeting the custodian of the assets rather than the debtor’s own property. That’s why it’s used when the property that will satisfy the obligation is in the hands of a third party. In contrast, a writ of attachment focuses on seizing the debtor’s property in their own possession to secure a claim, a writ of sequestration involves preserving property under dispute, and a writ of execution generally enforces a judgment by directly taking the debtor’s property, typically that property in the debtor’s control. Garnishment specifically handles assets held by a third party to satisfy the debt.

Garnishment is the process used to reach assets that are not in the debtor’s direct possession but are held by someone else, like wages being paid by an employer or funds in a bank account. The court issues a writ directing that third party (the garnishee) to withhold or deliver a portion of those assets to satisfy a monetary judgment. This is the scenario where a creditor needs to recover money from assets that the debtor has placed in the hands of another person or institution.

Think of it as targeting the custodian of the assets rather than the debtor’s own property. That’s why it’s used when the property that will satisfy the obligation is in the hands of a third party. In contrast, a writ of attachment focuses on seizing the debtor’s property in their own possession to secure a claim, a writ of sequestration involves preserving property under dispute, and a writ of execution generally enforces a judgment by directly taking the debtor’s property, typically that property in the debtor’s control. Garnishment specifically handles assets held by a third party to satisfy the debt.