attached

Attached property is property that has been seized pursuant to a court order, either as a provisional pre-judgment remedy or for the enforcement of a final judgment. Property may be attached only after the commencement of a lawsuit. In a pre-judgment request that property be attached, the movant must generally demonstrate a substantial risk of a future potential judgment’s lack of enforceability. Any request for the pre-judgment attachment of property will be subject to procedural safeguards under the Due Process Clause of the U.S. Constitution. Pursuant to Federal Rule of Civil Procedure 64 , in federal court, property may be attached to the extent allowable by the law of the state in which the court sits throughout the course of litigation . Attached property may also serve as the basis for In Rem jurisdiction.

[Last reviewed in June of 2021 by the Wex Definitions Team ]

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