Claim & Delivery


Claim and Delivery is issued prior to judgment and permits the levying officer to seize specific personal property in possession of the defendant or the defendant's agent. A Claim and Delivery differs from a Writ of Attachment. 

The purpose of a Claim and Delivery is to recover personal property being unlawfully detained rather than securing property for the payoff of a possible judgment. After holding the property ten days, the levying officer delivers the personal property to the plaintiff pending final disposition of the lawsuit. The court may issue the writ upon the plaintiff establishing, to the court's satisfaction, that there is "probable validity" that the plaintiff will prevail in the action and there is cause to believe the specific property will not be available at the time judgment is entered.