California Real Estate Practice Exam

Which of the following would come first?

1. Attachment

2. Hereditament

3. Judgment

4. Writ of Execution

The correct answer is: Attachment

The concept of "attachment" refers to a legal process by which a creditor can secure a claim on a debtor's property, allowing them to take possession in case of a judgment against the debtor. In a legal context, attachment typically occurs before other processes, as it establishes a formal claim to the property based on the existence of debt. This step is significant because it sets the stage for further legal actions, such as obtaining a judgment and ultimately executing that judgment through a writ of execution. An attachment lien can come into play prior to the judgment being entered, ensuring that the creditor has a claim established early in the process. Understanding the sequence of these events is crucial. For example, hereditable property pertains to real estate that can be inherited and typically involves different legal considerations than debt recovery processes. Judgment refers to a court's decision regarding the rights of the parties, which follows after the attachment process when a debt is confirmed. The writ of execution is a directive issued by the court after the judgment is made, allowing law enforcement to enforce that judgment. Thus, in the chronological sequence of legal proceedings regarding debt, attachment indeed comes first.