the seizing of money or property prior to getting a judgment in court, in contemplation
that the plaintiff will win at trial (usually in simple cases of money owed) and
will require the money or property to cover (satisfy) the judgment. The Supreme
Court has ruled that an attachment may be made only after a hearing before a judge
in which both sides can argue the danger that the party being sued (defendant) is
likely to leave the area or otherwise avoid probable payment. A temporary attachment
may be allowed by court order without both parties being present based on a declaration
of the party wanting the attachment that there is clear proof that the defendant
is going to flee. The court must also require a bond to cover damages to the defendant
if the attachment proves not to have been necessary. Before the hearing requirement,
pre-judgment attachments were common in which automobiles and bank accounts were
held by the sheriff merely upon the plaintiff seeking the attachment getting a writ
of attachment, posting a bond.
law dictionary, legal
dictionary, online law dictionary, legal terms dictionary,
online legal dictionary, legal definition, legal
terms and definition, Best online Dictionary, Law
Dictionary Software, Download Law Dictionary, law
dictionary, legal dictionary, online law dictionary,
legal terms dictionary, online legal dictionary,
legal definition, legal terms and definition, Best
online Dictionary, Law Dictionary Software, Download
Law Dictionary
