Legal Definitions - attachiamentum

Attachiamentum is a Latin legal term that refers to an attachment.

In legal contexts, an attachment is a court-ordered process of seizing property or a person. Its primary purpose is either to secure assets that could be used to satisfy a potential future judgment or to compel someone to appear in court or comply with a court order.

Here are some examples illustrating the application of attachiamentum:

• Securing Assets in a Debt Dispute: Imagine a small business, "InnovateTech," sues a client, "GlobalCorp," for a significant unpaid invoice. InnovateTech is concerned that GlobalCorp might transfer its readily available funds to offshore accounts before the lawsuit concludes, making it difficult to collect any judgment. InnovateTech's legal team could petition the court for an attachiamentum on GlobalCorp's domestic bank accounts. If granted, this order would legally freeze a portion of GlobalCorp's funds, ensuring that if InnovateTech wins the lawsuit, there will be assets available to satisfy the judgment.

  This example illustrates attachiamentum as a pre-judgment remedy, where property (bank funds) is seized to ensure a future judgment can be enforced.

• Compelling a Witness's Appearance: Consider a high-profile criminal trial where a crucial witness has been properly subpoenaed multiple times but has failed to appear in court without any valid excuse. The judge, frustrated by the delay and the witness's non-compliance, might issue an attachiamentum for the witness's person. This legal order authorizes law enforcement to locate and take the witness into custody, bringing them directly before the court to testify and potentially face charges for contempt of court.

  This example demonstrates attachiamentum used to compel a person's presence in court, enforcing judicial authority.

• Landlord's Claim on Abandoned Property: A tenant suddenly vacates an apartment, owing several months of rent and leaving behind valuable furniture and electronics. The landlord wants to recover the unpaid rent and damages. In some jurisdictions, the landlord might seek an attachiamentum on the abandoned personal property. This legal action allows the landlord to take temporary legal possession of the items, holding them as security for the outstanding debt, pending a court order for their sale or other disposition to cover the tenant's obligations.

  This example shows attachiamentum as a means to secure specific property (the tenant's belongings) to satisfy a claim (unpaid rent and damages).