Legal Definitions - attached

In a legal context, when property is described as "attached," it means that a court has issued a formal order to legally seize or hold specific assets belonging to one party in a lawsuit. This action is taken to ensure that these assets remain available to satisfy a potential future judgment or to enforce an existing one.

The primary reasons for a court to order property to be attached are:

• Pre-judgment Attachment: This occurs before a final decision is reached in a lawsuit. If a party (the plaintiff) can demonstrate to the court that there's a significant risk the opposing party (the defendant) might hide, sell, or transfer their assets before the case concludes, the court may order these assets to be attached. This acts as a security measure, ensuring that if the plaintiff wins, there will be property available to cover the judgment.
• Post-judgment Attachment (Enforcement): After a court has issued a final judgment and ordered one party to pay money to another, if the losing party fails to pay voluntarily, the winning party can ask the court to attach specific property. This attached property can then be sold, or its value used, to satisfy the outstanding judgment.

It's important to note that property can only be attached after a lawsuit has begun, and the process involves strict legal safeguards to protect the property owner's rights under the law.

Here are some examples of how property might be attached:

• Example 1: Preventing Asset Dissipation Before Trial

  Imagine a software company suing a former executive for stealing trade secrets and starting a competing business. The company fears the executive might transfer their substantial personal savings and investments to offshore accounts to avoid paying any future judgment. To prevent this, the software company could ask the court to attach the executive's bank accounts and investment portfolios. This action would freeze those assets, ensuring they remain available should the court later rule in favor of the software company and award damages.

• Example 2: Enforcing a Child Support Order

  A parent is legally obligated to pay child support but has consistently failed to make payments. The other parent, who has a court order for the support, can petition the court to attach the non-paying parent's wages directly from their employer. This is known as wage garnishment, and it ensures that a portion of the non-paying parent's income is regularly sent to the recipient to fulfill the court-ordered support obligation.

• Example 3: Securing a Specific Item in Dispute

  Consider a situation where an art collector has purchased a rare painting, but another collector claims they are the rightful owner and files a lawsuit. Fearing the painting might be sold or moved out of the country while the legal dispute is ongoing, the claimant could ask the court to attach the painting. The court would then issue an order preventing the current possessor from selling, moving, or otherwise disposing of the artwork until the court determines its true ownership.