What is the difference between a writ of replevin and a writ of attachment?

What is the difference between a writ of replevin and a writ of attachment?

• A. Replevin seeks return of property; attachment secures property to satisfy a judgment.
• B. Replevin and attachment are identical in purpose.
• C. Replevin is for real property only.
• D. Attachment does not require service.

Answer: (A)

The key idea here is the different aims of two pretrial remedies. Replevin is about getting back possession of a specific item of property that’s in someone else’s hands—the court orders the item returned or delivered to the plaintiff while the case proceeds. Attachment, on the other hand, is a safeguard that seizes or encumbers a defendant’s property to ensure there will be assets available to satisfy a judgment if the plaintiff wins. So replevin seeks the return of the item itself, while attachment secures property to satisfy a future court order.

The key idea here is the different aims of two pretrial remedies. Replevin is about getting back possession of a specific item of property that’s in someone else’s hands—the court orders the item returned or delivered to the plaintiff while the case proceeds. Attachment, on the other hand, is a safeguard that seizes or encumbers a defendant’s property to ensure there will be assets available to satisfy a judgment if the plaintiff wins. So replevin seeks the return of the item itself, while attachment secures property to satisfy a future court order.