Legal Definitions - attachment on mesne process

Attachment on Mesne Process refers to a legal procedure where a court, at the request of a plaintiff (the party bringing a lawsuit), orders the seizure or freezing of a defendant's (the party being sued) property *before* the lawsuit has reached a final judgment. The term "mesne process" refers to the intermediate stages of a lawsuit, meaning this action occurs during the ongoing litigation, not at its very beginning or end.

The primary purpose of an attachment on mesne process is to ensure that if the plaintiff ultimately wins the lawsuit, there will be sufficient assets belonging to the defendant available to satisfy the court's judgment. It prevents a defendant from selling, hiding, or transferring their assets to avoid paying a potential future debt or obligation determined by the court.

• Example 1: Commercial Contract Dispute

  A small manufacturing company, "InnovateTech," sues a larger distributor, "GlobalSupply," for a significant breach of contract, claiming GlobalSupply failed to pay for a large shipment of specialized components. InnovateTech's lawyers discover that GlobalSupply is liquidating some of its valuable inventory and transferring funds to offshore accounts, raising concerns that there might be no assets left to pay a judgment if InnovateTech wins. InnovateTech's legal team petitions the court for an attachment on mesne process. The court grants the order, freezing a specific bank account belonging to GlobalSupply and placing a lien on a warehouse property, ensuring that if InnovateTech prevails in the lawsuit, there will be assets available to cover the damages awarded.

  This illustrates the term because the court intervenes *during* the lawsuit (mesne process) to secure specific assets (attachment) of the defendant, preventing them from being moved or hidden before a final judgment is rendered.

• Example 2: Fraudulent Transfer of Assets

  Sarah lends a substantial sum of money to her business partner, Mark, for a new venture. When the venture fails, Mark refuses to repay the loan. Sarah sues Mark. During the discovery phase of the lawsuit, Sarah's attorney uncovers evidence that Mark is attempting to sell his luxury car and transfer the proceeds to his sister, potentially to avoid paying Sarah if she wins the case. Sarah's attorney files a motion for an attachment on mesne process. The court issues an order preventing Mark from selling or transferring the title of his car until the lawsuit is resolved, thereby preserving the asset as a potential source for satisfying a judgment in Sarah's favor.

  This example demonstrates an attachment on mesne process because the court's action to freeze Mark's asset occurs *while the lawsuit is still ongoing* (mesne process) and is designed to secure a potential future judgment for Sarah.