An attachment is a court order seizing specific property. Attachment is used both as a pre-trial provisional remedy and to enforce a final judgment.
Sometimes, courts attach a defendant's property as a provisional remedy to prevent the defendant from making herself judgment-proof. For example, a court might attach part of a defendant's bank account to prevent her from transferring all of her money to an off-shore account. In all but the most exceptional cases, courts must hold a hearing and follow other procedural safeguards before ordering attachment as a provisional remedy. See Provisional Remedies; Due Process.
Courts often attach debtors' property to help pay their creditors, either by directly transfering the property to the creditors, or by selling it and giving the creditors the proceeds. See Debtor and Creditor Law.
Quasi in rem subtype 2 jurisdiction is sometimes called "attachment jurisdiction." See quasi in rem.
Definition from Nolo’s Plain-English Law Dictionary
The seizing of a person's property to secure a judgment or to be sold to satisfy a judgment. This is usually performed by a sheriff, based on a writ of attachment issued by a judge.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:11 pm