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December 21, 2018

Attachment


Word of the day

Attachment

The legal process of seizing the real or personal property of a defendant in a lawsuit by levy or judicial order, and holding it in court custody as security for satisfaction of a judgment. The lien is thus created by operation of law, not by private agreement. The plaintiff may recover such property in any action upon a contract, express or implied. 

Real property is attached by recording a copy of the writ of attachment in the public record. The attachment thus creates a lien against the property before entry of a judgment so that the plaintiff is assured there will be property left to satisfy the judgment. The lien can be enforced by issuance of an execution after a judgment for the plaintiff. 

An attachment may arise from an action for payment of money upon an unsecured contract. The property may not be sold or encumbered free of the attachment without satisfaction or release of the attachment, or without the posting of a cash bond equal to plaintiff’s claim plus costs. An attachment is not available when a party brings an action to collect payment of a secured obligation (mortgage).

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