Which writ involves seizing property in the possession of a third party to satisfy a judgment debt?

Prepare for the Basic Deputy United States Marshal Integrated Exam 2. Use flashcards and multiple choice questions with helpful hints and explanations for each question. Get ready to excel in your exam!

Multiple Choice

Which writ involves seizing property in the possession of a third party to satisfy a judgment debt?

Explanation:
Garnishment is the writ that reaches property held by a third party to satisfy a judgment debt. It works by directing someone who owes money to the debtor—like an employer paying wages or a bank holding funds—to withhold or turn over assets up to the amount of the judgment. This makes it the distinct tool when the debtor’s money or property isn’t in the debtor’s own possession. By contrast, an attachment is used to seize the debtor’s property to secure a claim, often before a judgment. Sequestration places disputed property under court custody to prevent damage or waste. Execution carries out the judgment by seizing the debtor’s own assets or property in their possession to satisfy the debt, rather than targeting property held by a third party.

Garnishment is the writ that reaches property held by a third party to satisfy a judgment debt. It works by directing someone who owes money to the debtor—like an employer paying wages or a bank holding funds—to withhold or turn over assets up to the amount of the judgment. This makes it the distinct tool when the debtor’s money or property isn’t in the debtor’s own possession.

By contrast, an attachment is used to seize the debtor’s property to secure a claim, often before a judgment. Sequestration places disputed property under court custody to prevent damage or waste. Execution carries out the judgment by seizing the debtor’s own assets or property in their possession to satisfy the debt, rather than targeting property held by a third party.

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