Which writ orders the seizure or attachment of the property of a defendant or judgment debtor in the possession of a third party?

Which writ orders the seizure or attachment of the property of a defendant or judgment debtor in the possession of a third party?

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

Answer: (D)

Garnishment is used when the debtor’s assets are not in the debtor’s hands but are held by someone else. The writ directs that third party to withhold or deliver the debtor’s property—such as wages, bank funds, or other assets—so those assets can be used to satisfy the judgment. This specifically targets property in the possession of a third party, which is what sets it apart from other writs. In contrast, an attachment secures property to prevent dissipation, usually tied to the debtor’s own possession or control; an execution enforces a judgment by seizing the debtor’s assets after the judgment is entered; sequestration places property in custody to preserve it during litigation.

Garnishment is used when the debtor’s assets are not in the debtor’s hands but are held by someone else. The writ directs that third party to withhold or deliver the debtor’s property—such as wages, bank funds, or other assets—so those assets can be used to satisfy the judgment. This specifically targets property in the possession of a third party, which is what sets it apart from other writs.

In contrast, an attachment secures property to prevent dissipation, usually tied to the debtor’s own possession or control; an execution enforces a judgment by seizing the debtor’s assets after the judgment is entered; sequestration places property in custody to preserve it during litigation.