The writ of attachment is a powerful tool for creditors trying to collect from a defendant who may dispose of property before plaintiff is granted judgment. The writ of attachment instructs the sheriff to seize and hold property of the defendant to satisfy the plaintiff’s potential judgment. To learn more about attachment, please read our blog titled “Can you collect BEFORE you have a judgment?” This blog focuses on the procedure for obtaining a writ of attachment.
Below is a general summary of the procedure for obtaining a writ of attachment in Arizona:
- File the required documents for a provisional remedy such as a writ of attachment;
- File an affidavit establishing the reasons or basis for obtaining a writ of attachment;
- Execute a bond made payable to the debtor in an amount not less than the amount for which the action is brought, and deliver it to the sheriff;
- Obtain approval of the bond by the officer issuing the writ;
- Upon receipt of the writ of attachment, the sheriff levies upon so much of the defendant’s non-exempt property subject to levy under the writ and is found within the county as is sufficient to satisfy the writ.
The bond must be conditioned that plaintiff will prosecute the action and will pay all damages and costs that may be sustained by defendant by reason of the wrongful obtaining of the attachment. It is also important to understand that, in addition to the attachment bond, the levying officer will require the plaintiff to execute and deliver and indemnity bond in an amount double of the claim. Thus, to obtain and levy upon a writ of attachment, two bonds are required.
If you need assistance with obtaining a writ of attachment or other pre-judgment remedy, contact the office of Windtberg & Zdancewicz, PLC, today.
The attorneys at Windtberg & Zdancewicz, PLC, provide Arizona residents and businesses with experienced legal representation in all creditor’s rights matters. We are experienced in garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance or are interested in learning more, please contact us at (480) 584-5660.