Simple English definitions for legal terms
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Attached property refers to property that has been taken by the court as a provisional pre-judgment remedy or to enforce a final judgment. This can only happen after a lawsuit has been started. To request that property be attached before a judgment, the person making the request must show that there is a risk that the judgment won't be able to be enforced. There are rules in place to make sure that the person whose property is being taken has a fair chance to defend themselves. In federal court, the rules for attached property depend on the state where the court is located. Attached property can also be used to give the court power over the property itself.
Definition: Attached property is property that has been taken by court order, either before or after a judgment has been made. This means that the property is seized and held by the court until the case is resolved.
For example, if someone owes money to another person and refuses to pay, the court may order that their property be attached as a way to ensure that the debt is paid. This could include things like a car, a house, or other valuable possessions.
It's important to note that property can only be attached after a lawsuit has been filed. The person requesting the attachment must show that there is a risk that the judgment will not be enforceable without the attachment.
Attached property can also be used as a basis for In Rem jurisdiction, which means that the court has jurisdiction over the property itself, rather than just the people involved in the case.