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A writ of sequestration is a prejudgment process which orders
the seizure or attachment of property to be maintained in the
custody of the U.S. Marshal or other designated official, under
court order and supervision, until the court determines
otherwise. The purpose of the writ is to preserve the named
property pending outcome of the litigation. The order binds the
property of the defendant from the time it is issued. The writ
of sequestration will lay out what specific powers have been
given to the sequestrators to enable them to carry out the
sequestration.
The writ is served according to the instructions contained
within it and in compliance with state law, which governs
procedures for sequestration. The requesting party may be
required to provide an indemnity bond and an advance deposit to
cover the U.S. Marshal's estimated out-of-pocket expenses. It is
advisable for the requesting party to accompany the U.S. Marshal
in executing the writ so that he or she may answer any questions
that may arise. Generally, the U.S. Marshal will maintain
custody of the seized property under court supervision.
Alternatively, the requesting party may be named substitute
custodian for the U.S. Marshal and maintain direct
responsibility for custody of the seized property, either by
court order or by written agreement with the U.S. Marshal. Proof
of insurance against loss and payment of storage fees will be
required if the requesting party has arranged for moving or
storage of the property.
The following is an example of a Texas statute
governing
writs of sequestration:
Sec. 62.001. GROUNDS. A writ of sequestration is available to
a plaintiff in a suit if: (1) the suit is for title or
possession of personal property or fixtures or for foreclosure
or enforcement of a mortgage, lien, or security interest on
personal property or fixtures and a reasonable conclusion may be
drawn that there is immediate danger that the defendant or the
party in possession of the property will conceal, dispose of,
ill-treat, waste, or destroy the property or remove it from the
county during the suit;
(2) the suit is for title or possession of real property or
for foreclosure or enforcement of a mortgage or lien on real
property and a reasonable conclusion may be drawn that there is
immediate danger that the defendant or the party in possession
of the property will use his possession to injure or ill-treat
the property or waste or convert to his own use the timber,
rents, fruits, or revenue of the property;
(3) the suit is for the title or possession of property from
which the plaintiff has been ejected by force or violence; or
(4) the suit is to try the title to real property, to remove
a cloud from the title of real property, to foreclose a lien on
real property, or to partition real property and the plaintiff
makes an oath that one or more of the defendants is a
nonresident of this state. Acts 1985, 69th Leg., ch. 959, Sec.
1, eff. Sept. 1, 1985.
Sec. 62.002. PENDING SUIT REQUIRED. A writ of sequestration
may be issued at the initiation of a suit or at any time before
final judgment. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff.
Sept. 1, 1985.
Sec. 62.003. AVAILABLE FOR CLAIM NOT DUE. A writ of
sequestration may be issued for personal property under a
mortgage or a lien even though the right of action on the
mortgage or lien has not accrued. The proceedings relating to
the writ shall be as in other cases, except that final judgment
may not be rendered against the defendant until the right of
action has accrued. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff.
Sept. 1, 1985.
SUBCHAPTER B. ISSUANCE
Sec. 62.021. WHO MAY ISSUE. A district or county court judge
or a justice of the peace may issue writs of sequestration
returnable to his court. Acts 1985, 69th Leg., ch. 959, Sec. 1,
eff. Sept. 1, 1985.
Sec. 62.022. APPLICATION. The application for a writ of
sequestration must be made under oath and must set forth:
(1) the specific facts stating the nature of the plaintiff's
claim;
(2) the amount in controversy, if any; and
(3) the facts justifying issuance of the writ.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.023. REQUIRED STATEMENT OF
RIGHTS. (a) A writ of
sequestration must prominently display the following statement
on the face of the writ:
YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY
FILING A REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN
POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO
DISSOLVE THIS WRIT.
(b) The statement must be printed in 10-point type and in a
manner intended to advise a reasonably attentive person of its
contents.
Sec. 62.001. GROUNDS. A writ of sequestration is available to
a plaintiff in a suit if:
(1) the suit is for title or possession of personal property
or fixtures or for foreclosure or enforcement of a mortgage,
lien, or security interest on personal property or fixtures and
a reasonable conclusion may be drawn that there is immediate
danger that the defendant or the party in possession of the
property will conceal, dispose of, ill-treat, waste, or destroy
the property or remove it from the county during the suit;
(2) the suit is for title or possession of real property or
for foreclosure or enforcement of a mortgage or lien on real
property and a reasonable conclusion may be drawn that there is
immediate danger that the defendant or the party in possession
of the property will use his possession to injure or ill-treat
the property or waste or convert to his own use the timber,
rents, fruits, or revenue of the property;
(3) the suit is for the title or possession of property from
which the plaintiff has been ejected by force or violence; or
(4) the suit is to try the title to real property, to remove
a cloud from the title of real property, to foreclose a lien on
real property, or to partition real property and the plaintiff
makes an oath that one or more of the defendants is a
nonresident of this state. Acts 1985, 69th Leg., ch. 959, Sec.
1, eff. Sept. 1, 1985.
Sec. 62.002. PENDING SUIT REQUIRED. A writ of sequestration
may be issued at the initiation of a suit or at any time before
final judgment. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff.
Sept. 1, 1985.
Sec. 62.003. AVAILABLE FOR CLAIM NOT
DUE. A writ of
sequestration may be issued for personal property under a
mortgage or a lien even though the right of action on the
mortgage or lien has not accrued. The proceedings relating to
the writ shall be as in other cases, except that final judgment
may not be rendered against the defendant until the right of
action has accrued. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff.
Sept. 1, 1985.
SUBCHAPTER B. ISSUANCE
Sec. 62.021. WHO MAY ISSUE. A district or county court judge
or a justice of the peace may issue writs of sequestration
returnable to his court. Acts 1985, 69th Leg., ch. 959, Sec. 1,
eff. Sept. 1, 1985.
Sec. 62.022. APPLICATION. The application for a writ of
sequestration must be made under oath and must set forth:
(1) the specific facts stating the nature of the plaintiff's
claim;
(2) the amount in controversy, if any; and
(3) the facts justifying issuance of the writ.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.023. REQUIRED STATEMENT OF
RIGHTS. (a) A writ of
sequestration must prominently display the following statement
on the face of the writ:
YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY
FILING A REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN
POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO
DISSOLVE THIS WRIT.
(b) The statement must be printed in 10-point type and in a
manner intended to advise a reasonably attentive person of its
contents.
Source: http://definitions.uslegal.com/w/writ-of-sequestration/
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