Preliminary attachment DIFFERS from replevin

Here's a table showing a the differences between a writ of preliminary attachment and a write of replevin.

Preliminary Attachment


Available even if recovery of personal property is only incidental relief in the action

Available only if principal relief sought is recovery of personal property; Relief for damages are only incidental
 Condition of the Property:
Can be resorted to even if personal property is in the custody of a third person

Can be sought only where defendant is in actual or constructive possession of the personality involved
 Character of the Property:
Extends to all kinds of property

Extends only to personal property capable of manual delivery
To recover possession of personal property unjustly detained; Presupposes that it is being concealed, removed, or disposed to prevent its being found or taken by the applicant

To recover personal property even if it is not being concealed, removed, or disposed of
Can be resorted to even if property is in custodia legis

Cannot be availed of if property is under custodia legis

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