Writ of Sequestration

A Writ of Sequestration is a provisional remedy that allows a plaintiff to have property seized by the constable and held under court authority while a lawsuit is pending. Its purpose is to preserve the property and prevent the defendant from selling, hiding, or destroying it before a final judgment can be rendered.

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Grounds for Sequestration

Sequestration is not automatic; it requires specific legal grounds. A plaintiff may obtain a writ of sequestration if:

1. Ownership or Possession: The plaintiff claims to own or have the right to possess the property, and it is within the power of the defendant to conceal, dispose of, or waste the property.
2. Privilege or Lien: The plaintiff has a privilege (lien) on the property (such as a landlord’s lien or vendor’s lien) and has good reason to believe the defendant will remove or dispose of it.

Landlords frequently utilize this writ to enforce a Lessor’s Privilege for unpaid rent.

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The Bond Requirement

General Rule

Plaintiffs seeking sequestration are generally required to furnish security (a bond) to protect the defendant against wrongful seizure. The court sets the amount, which is required to be sufficient to cover damages the defendant might sustain if the writ is later found to have been wrongfully issued.

Lessor’s Privilege Exception

A significant exception exists for landlords. A lessor suing for past-due rent may obtain a writ of sequestration to enforce their privilege without furnishing security, provided the rent is actually due.

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The Procedure

1. Petition and Affidavit

The plaintiff files a petition requesting the writ. This petition is required to be verified by affidavit, stating the specific facts that justify the sequestration (e.g., “Rent is past due, and I believe the tenant is moving furniture out at night”).

2. Issuance of the Writ

If the court finds the grounds sufficient (and bond is posted or waived), the Justice of the Peace signs an order directing the issuance of the writ. The clerk (or JP) issues the writ commanding the constable to seize the property.

3. Seizure and Inventory

The constable executes the writ by seizing the property. The constable is required to make an inventory of the items seized and serve a copy of the citation and petition on the defendant.

4. Custody

The seized property remains in the custody of the constable (or a court-appointed keeper) until the lawsuit is resolved or the property is released.

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Defendant’s Rights

Release by Bond

A defendant can regain possession of the seized property by posting a release bond. The bond ensures that the plaintiff will be paid if they win the case.

Motion to Dissolve

If the sequestration was improper (e.g., the grounds were false), the defendant can file a “Motion to Dissolve” the writ. If successful, the court orders the property released and may award damages and attorney fees to the defendant for wrongful seizure.

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Sequestration Before Rent is Due

In rare cases, a landlord can sequester property before the rent is technically due if they have good reason to believe the tenant is about to remove the property from the premises. In this specific scenario, the landlord might be required to pay costs if the rent is paid on time.

CCP 3572

Related Procedures

• Nonpayment of Rent: Using sequestration in eviction/rent cases.
• Property Claims: Disputes over ownership of movable property.
• Money Claims: The underlying civil suit that sequestration supports.