Short answer. The method depends on the type of property. Section 7 of Rule 57 sets a different attachment procedure for each kind — a registry-of-deeds filing for real property, physical custody for personal property capable of manual delivery, and, for debts and bank deposits, leaving the writ and notice with whoever holds them.
What the law says
Personal property capable of manual delivery, by taking and safely keeping it in his custody, after issuing the corresponding receipt therefor
Rule 57, Section 7 — Attachment of real and personal property; recording thereof. Read the full provision →
Real property: attachment through the registry of deeds
Land is attached not by the sheriff physically taking anything, but through registration. The sheriff files with the registry of deeds a copy of the attachment order, a description of the property, and notice that it is attached, and leaves a copy of the same with whoever occupies the property, if anyone. Where the land is already titled, the notice must reference the certificate of title number and where it is registered, and the registrar has to index the attachment under the names of the applicant, the adverse party, and whoever holds or appears to hold the property.
Personal property you can physically hold
Property capable of manual delivery — items the sheriff can physically take — is attached the more intuitive way: by taking and safely keeping it in his custody, after issuing the corresponding receipt therefor. Unlike land, this kind of property is not attached through a paper filing alone; the sheriff takes actual possession, and the receipt is what protects the owner from a dispute later over what, exactly, was taken and when.
Stocks, shares, and corporate interests
Where the property is stock or an interest in a corporation, the sheriff does not take physical custody of anything — instead, a copy of the writ and a notice that the interest is attached are left with the corporation's president or managing agent. This method reflects that a shareholding is really a claim recorded in a company's books, not a physical thing the sheriff could otherwise seize.
Debts, bank deposits, and other property no one can physically hand over
Bank deposits, financial interests, royalties, commissions, and similar debts and credits are attached by leaving a copy of the writ and a notice with the person who owes the debt or holds the credit — for a bank account, that generally means the bank itself. This is the mechanism that lets a court freeze funds in a deposit account without the sheriff ever touching a physical asset, which is why understanding which category your property falls into matters for anticipating how an attachment will actually be carried out.
Related provisions
- Rule 57, Section 7 — Attachment of real and personal property; recording thereof
- Rule 57, Section 6 — Sheriff' s return
- Rule 57, Section 8 — Effect of attachment of debts, credits and all other similar personal property