Legal Definitions - attach

In legal contexts, the term attach can have several distinct meanings:

• To formally join or connect: This refers to the act of physically or legally linking one document or item to another, making it an official part of a larger whole.

  • Example 1: When filing a lawsuit, a lawyer might attach a copy of the contract in dispute to the complaint. This means the contract is formally included as supporting evidence for the claims made in the complaint.

    Explanation: Here, "attach" means to formally append or include the contract document as part of the official court filing, making it an integral part of the legal record.

  • Example 2: A property deed might have an easement agreement attached to it, meaning the easement is legally bound to the property's title and transfers with ownership.

    Explanation: In this scenario, "attach" signifies that the easement document is legally linked to the property deed, ensuring its provisions are recognized as part of the property's legal status.

• To seize property under legal authority: This refers to a legal process where a court orders the temporary seizure of a debtor's property to secure a potential judgment or satisfy an existing debt.

  • Example 1: After a business failed to pay a significant debt, a court might issue an order allowing the creditor to attach the company's bank accounts. This means the funds in those accounts are frozen and held by legal authority to ensure the debt can be paid if the creditor wins their case.

    Explanation: Here, "attach" describes the act of legally seizing or freezing assets, preventing the debtor from accessing or disposing of them, thereby securing them for a potential future judgment.

  • Example 2: If a person owes back taxes, the government might obtain a court order to attach their wages, meaning a portion of their earnings will be directly sent to the tax authority until the debt is satisfied.

    Explanation: This example illustrates "attach" as the legal process of garnishing wages, where a portion of an individual's income is legally seized to pay off a debt.

• To become effective or legally binding: This refers to a right, interest, or legal status coming into existence or becoming enforceable at a specific point in time or upon the occurrence of certain conditions.

  • Example 1: A security interest in a loan agreement will attach to the collateral (e.g., a car or equipment) once the borrower receives the funds and signs the agreement. This means the lender's right to claim the collateral if the borrower defaults becomes legally effective at that moment.

    Explanation: In this context, "attach" signifies the point at which the lender's legal claim or interest in the collateral becomes valid and enforceable.

  • Example 2: The right to a speedy trial typically attaches once a person is formally accused of a crime, such as through an indictment or arrest. From that point forward, the government is obligated to bring them to trial within a reasonable timeframe.

    Explanation: Here, "attach" means that the constitutional right to a speedy trial becomes active and legally applicable to the accused person at a specific stage of the legal process.