Custodia Legis Defined

Custodia Legis refers to property that is in the custody of the law. This occurs when property is seized under a writ of execution or preliminary attachment.

Context of Custodia Legis

The state of custodia legis arises when property is taken into the possession and custody of the officer implementing a writ of execution or preliminary attachment for safekeeping. Once property is under attachment, the attaching officer is entitled to its possession and custody for its safekeeping.

Property seized under a writ of execution, preliminary attachment, or otherwise placed under custodia legis is exempt from seizure or custody by others. Courts have no jurisdiction to order the delivery of personal property (replevin) to the plaintiff if the property is under attachment. Only courts having supervisory control or superior jurisdiction in the premises have the right to interfere with and change possession of property in custodia legis.