Attachment (law)

Source: Wikipedia, the free encyclopedia.

Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor.[1] A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets.

Prejudgment attachment

Prejudgment attachment or

Prejudgment writ of attachment allows recovery of money damages by levying a security interest on the property of the party paying money damages. A writ of attachment is filed to secure debt or claim of the creditor in the event that a judgment is rendered.[2]

Foreign attachment procedures have existed from time to time in

France, where it was known as saisie arret; in the U.S and elsewhere.[3]

Prejudgment attachment in Chinese litigation proceeding can be obtained by the plaintiff before filing the case with court or arbitration commission in the case of emergency where failure to take immediate action will result in irreparable damage to relevant party. However, the party shall file its case with court or arbitration body within thirty days after the prejudgment attachment is granted by courts.

1702 Post-Judgment Writ of Attachment signed by Chief Justice John Guest of the Province of Pennsylvania

Historical London procedure

The person holding the property or owing the money had to be within the

Debtor's Act 1869.[1]

Attachment of earnings

Main article: Attachment of earnings

Attachment of earnings, also known as garnishment, is a process whereby the creditor attaches money owed to the debtor by the debtor's employer.

See also

References

  1. ^ a b Chisholm, Hugh, ed. (1911). "Attachment" . Encyclopædia Britannica. Vol. 02 (11th ed.). Cambridge University Press. p. 878.
  2. ISBN 0-421-90690-1
    .
  3. ^ Brandon, W. (1861). A Treatise upon the Customary Law of Foreign Attachment: And the Practice of the Mayor's Court of the City of London. London: Butterworths. pp. 1–2. foreign attachment brandon. (Google Books)
Wikisource has the text of the 1911 Encyclopædia Britannica article "Attachment".


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