Writ of Attachment

When the writ of attachment is used

Timing: before judgment, in limited situations allowed by state law, often on a showing that the defendant may hide or transfer property. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment — including arrest, attachment, garnishment, replevin, sequestration and other corresponding or equivalent remedies (Rule 64(a)–(b)).
• A federal statute governs to the extent it applies (Rule 64(a)).
• Because pre-judgment seizure affects property before liability is decided, due process limits it: the Supreme Court held that a state statute allowing prejudgment attachment of real estate without prior notice or a hearing, and without a showing of exigent circumstances, violated due process as applied (Connecticut v. Doehr, 501 U.S. 1 (1991)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 64; state attachment statutes online. Also, the federal judiciary publishes the current rules and recent amendments.

The writ of attachment in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar writ of attachment procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Writ of Garnishment: a court order directing a third party who owes money to, or holds property of, a debtor — such as an employer or bank — to pay or hold it for the creditor.
• Writ of Replevin (Writ of Possession): a court order to recover specific personal property — such as a vehicle or equipment — that another person is wrongfully holding. Some states call it a writ of possession or claim and delivery.
• Writ of Execution (Enforcing a Money Judgment): the court process used to enforce a money judgment.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on writ of attachment. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.