Question

Pearl sued Sam and was awarded a judgment against him for $50,000. Sam has a savings account with First Bank that can be seized in partial satisfaction of the judgment. The writ the court will use ordering First Bank to turn over to it the funds in Sam's account is a writ of____________.

A. Attainder
B. Attachment (not)
C. Garnishment
D. Execution

Answer 1

The writ used by the court to order First Bank to turn over the funds in Sam's account is known as a writ of garnishment, used to claim debtor's property when held by a third party.

Step-by-step explanation:

The writ the court will use ordering First Bank to turn over to it the funds in Sam's account is a writ of garnishment. A garnishment is a legal procedure through which a creditor can collect what a debtor owes by reaching the debtor's property when it is in the hands of someone other than the debtor.

This is different from a writ of execution, which allows for the seizure of the debtor's property directly. A writ of attainder is unconstitutional as it is a legislative act that singles out an individual or group for punishment without a trial, and therefore is not applicable in this context. Since the term attachment has already been confirmed as not being the answer, we can eliminate that option as well.