Attachment
Attachment
Attachment (law), in law in the United States and the United Kingdom, the act or process of seizing property or apprehending persons by writ or precept of a court of record and bringing such property or person within the custody of the law; also the writ or other judicial process employed to effect that purpose. In some states of the U.S., including New York, attachment extends to land as well as to personal property; in other states land may be seized by the similar process of distress or distraint. The most frequent application of attachment in the U.S. is in connection with actions for the recovery of debt. Attachment for debt did not exist under common law and is of statutory origin. It is generally considered a harsh and extraordinary remedy.
Attachment is employed usually in connection with suits by creditors against fraudulent, concealed, or absconding debtors; in such instances attachment is intended to establish security for the payment, in the event of a judgment in favor of the plaintiff, of the debts owed to the plaintiff and the legal expenses incurred by him or her. In some of the New England states, however, attachment may be employed as a matter of course in an action for the recovery of a debt.
The process of garnishment to immobilize a fund in the possession of a third party, who thereby becomes liable for payment of the money in satisfaction of a judgment obtained by a creditor against a debtor, is in effect a form of attachment and is so regarded in some jurisdictions. A number of states distinguish attachments as foreign and domestic. These designations signify attachments of property, within the jurisdiction of the court, of nonresidents (foreign) and residents (domestic) of the state.
Attachment of persons is used to force the appearance in court of a defendant in an action; to secure the attendance of a delinquent witness or juror; or to bring before a court a person previously convicted of contempt of court. It is in effect a quasi-criminal process coinciding in part with arrest. (1)
Description of Attachment
Attachment
Attachment
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See Also
- Execution
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See Also
- Execution
- Garnishment
- Levy
- Lien of attachment
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See Also
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Notes and References
See Also
Definition of Attachment in International Trade
The following is a concept of Attachment in the context of international trade law, from the Dictionary of International Trade (Global Negotiator): Legal process for seizing property before a judgment to secure the pay_ment of damages if awarded. A party who sues for damages for breach of contract may request, for example, that the court issue an order freezing all transfers of specific property owned by the breaching party pending resolution of dispute.
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