Western Governors University (WGU) ACCT3350 D216 Business Law for Accountants Practice Exam

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What process allows a creditor to hold a debtor's assets before a court judgment?

Writ of Execution

Writ of Attachment

The process that enables a creditor to hold a debtor's assets before obtaining a court judgment is known as a writ of attachment. This legal mechanism allows creditors to secure a claim against the debtor’s property, ensuring that the assets are preserved for future judgment satisfaction. The purpose of a writ of attachment is to prevent a debtor from dissipating or transferring assets that might be needed to satisfy a potential judgment, essentially allowing the creditor to gain a level of security over the debtor's assets prior to the resolution of the lawsuit.

In contrast, a writ of execution is used after a judgment has been rendered in favor of the creditor, allowing them to enforce the court's decision by seizing the debtor’s assets. A mechanic’s lien provides a security interest in the property for unpaid work or materials supplied, but it doesn't allow for pre-judgment seizure of assets. An expressed warranty refers to guarantees made by a seller regarding the quality or characteristics of a product, which is not related to the process of holding a debtor's assets. Therefore, the writ of attachment effectively serves the specific need of creditors to safeguard their interests before a court has made a final decision regarding the debt owed.

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Mechanics Lien

Expressed Warranty

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