Legal Definitions - attachment

In legal terms, an attachment refers to a court order that authorizes the seizure of specific property belonging to an individual or entity. The primary purpose of an attachment is to ensure that assets are available to satisfy a potential future court judgment or to enforce an existing judgment that has already been awarded.

This legal tool can be used in two main scenarios:

• Before a Judgment (Provisional Remedy): A court may order an attachment as a temporary measure while a lawsuit is ongoing. This is typically done to prevent a defendant from selling, hiding, or transferring valuable assets out of the court's reach, which could make it impossible for a plaintiff to collect if they win the case. To protect the defendant, courts usually require a hearing and often demand that the party seeking the attachment post a bond, which would compensate the defendant if the lawsuit is ultimately unsuccessful.
• After a Judgment (Enforcement): Once a court has issued a final judgment ordering one party to pay another, an attachment can be used to seize the debtor's property. This property can then be sold, and the proceeds used to pay the creditor, or in some cases, the property itself might be transferred to the creditor to satisfy the debt.

Courts generally follow strict procedural safeguards, including requiring a hearing, before issuing an attachment order to protect the property owner's rights.

Here are some examples of how attachment might be applied:

• Example 1: Securing Business Assets During a Lawsuit

  A software development company, InnovateTech, sues a former partner, Global Solutions, for breach of contract, claiming millions in damages. InnovateTech learns that Global Solutions is rapidly selling off its valuable server equipment and intellectual property licenses, potentially to avoid paying any future judgment. InnovateTech could petition the court for an attachment order to temporarily seize or freeze some of Global Solutions' remaining assets, such as specific bank accounts or real estate, ensuring that if InnovateTech wins the lawsuit, there will be sufficient assets available to satisfy the judgment.

• Example 2: Preserving a Unique Item in a Property Dispute

  Two siblings are engaged in a legal dispute over the rightful ownership of a rare, antique family heirloom, a painting valued at several hundred thousand dollars. One sibling fears the other might secretly sell the painting to an overseas collector while the case is still pending. To prevent this, the concerned sibling could request a court attachment on the painting, legally preventing its sale or removal until the court determines its true owner.

• Example 3: Enforcing a Judgment for Unpaid Debts

  A small business owner, Sarah, successfully sues a client for over $50,000 in unpaid services. Despite the court judgment, the client refuses to pay. Sarah's attorney could seek a court attachment order to seize funds from the client's business bank account or to place a lien on a specific piece of the client's commercial property. This action would legally compel the client to pay the judgment, either directly from the seized funds or through the eventual sale of the attached property.