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Simple English definitions for legal terms
attachment on mesne process
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A quick definition of attachment on mesne process:
Attachment on mesne process is a legal term that refers to the seizure of a person's property to secure a judgment or to be sold in satisfaction of a judgment. It is also known as ancillary attachment. This type of attachment results in the seizure and holding of property pending a resolution of the plaintiff's claim. It is important to note that a hearing must be held before the attachment takes place, and most courts require the creditor to post a bond for any damages that result from the seizure.A more thorough explanation:
Attachment on mesne process is a type of ancillary attachment where property is seized and held until a resolution is reached in the plaintiff's claim. This is a legal process used to secure a judgment or to be sold in satisfaction of a judgment.
For example, if a person owes money to another person and refuses to pay, the creditor can obtain an attachment on mesne process to seize the debtor's property until the debt is paid. This ensures that the creditor will be able to recover the debt through the sale of the seized property if they ultimately prevail in the lawsuit.
Another example is the attachment of wages, where a plaintiff can attach a defendant's earnings as an employee. In some jurisdictions, an attachment-of-earnings order requires the defendant's employer to deduct a specified sum or percentage of the defendant's wages or salary and to pay the money into court. The court then sends the money to the plaintiff.
Overall, attachment on mesne process is a legal tool used to secure a judgment or to be sold in satisfaction of a judgment by seizing a person's property or earnings.