Will I Be Arrested If I Received a Message About Writ of Preliminary Attachment of Properties? And Should I Need to Voluntarily Surrender to Avoid Commotion?

Question:

Will I be arrested if I received a message about a Writ of Preliminary Attachment of Properties? And should I need to voluntarily surrender to avoid commotion?

Answer:

Arrest Concern:

No Immediate Arrest: A Writ of Preliminary Attachment is a civil remedy and not a criminal warrant. It aims to secure the claim of the creditor by attaching your properties as security for the debt, but it does not authorize your arrest.

Surrendering:

No Need for Surrender: Voluntary surrender is not necessary because a Writ of Preliminary Attachment is not an arrest warrant. It is a court order directed at securing your assets for potential settlement of a claim.

Action Steps:

Consult a Lawyer: If you've received such a writ, consult with a legal expert to understand the scope and limitations of the writ and to discuss your options.
File a Counter-Bond: One way to lift the writ is to file a counter-bond. This will secure the release of your attached properties until the court decides on the merits of the case.
Motion to Quash: You can also file a Motion to Quash the Writ if you believe it was improperly issued.

Additional Considerations:

Verify Authenticity: Ensure that the message you received about the writ is genuine. Confirm its issuance through official channels, such as the court that supposedly issued it.
Consequences: Failing to abide by the writ could result in contempt of court, but it will not result in your arrest based on the writ alone.

Summary:

A Writ of Preliminary Attachment is not a criminal warrant for arrest but is meant to secure properties against a possible future judgment. It is advisable to consult legal expertise for proper handling of the situation and to consider measures like filing a counter-bond or a Motion to Quash the Writ.

Disclaimer:

This article is intended for informational purposes only and