Legal Definitions - certificate of holder of attached property

A certificate of holder of attached property is a formal written statement provided by an individual or organization that is currently in possession of property that has been legally seized by a court order. This document clarifies the holder's specific relationship to, or interest in, the property, distinguishing it from actual ownership. It helps the court understand who has what rights or responsibilities regarding the seized item.

Here are some examples to illustrate this concept:

• Example 1: Storage Facility

  Imagine a person, Sarah, who has fallen behind on her debts. A court issues an order for the sheriff to "attach" (legally seize) some of Sarah's personal belongings, which happen to be stored in a commercial self-storage unit. The sheriff notifies the storage facility of the attachment.

  The storage facility, as the holder of Sarah's property, does not own the items but has physical possession of them under a rental agreement. They might also have a lien for unpaid storage fees. The storage facility would then issue a certificate of holder of attached property to the sheriff. This certificate would state that they are holding Sarah's property as a bailee (a party entrusted with another's property) and would detail any outstanding storage fees or other contractual rights they have over the property, such as a right to sell the items if fees aren't paid.

• Example 2: Consignment Art Gallery

  Consider an artist, David, who has placed several of his paintings in a local art gallery on consignment. This means the gallery displays the art for sale, and if a painting sells, the gallery takes a percentage commission, with the rest going to David. David later faces a lawsuit and a court orders the sheriff to attach his assets, including the paintings at the gallery.

  The art gallery is the holder of the paintings; they don't own them but have possession and a contractual right to a commission upon sale. The gallery would provide a certificate of holder of attached property to the sheriff. This document would confirm their possession of David's paintings under a consignment agreement and clearly outline their contractual right to a commission if the paintings were to be sold, even under court order.

• Example 3: Auto Repair Shop

  Suppose a car owner, Mark, takes his vehicle to an auto repair shop for extensive engine work. While the car is still at the shop awaiting completion of repairs and payment, a creditor obtains a court order for the sheriff to attach Mark's car due to an unpaid judgment.

  The auto repair shop is the holder of the vehicle. They don't own the car, but they have physical possession for the purpose of performing repairs and likely have a "mechanic's lien" for the value of the work already performed and materials used. The repair shop would issue a certificate of holder of attached property to the sheriff. This certificate would state that they are holding the car for repairs and assert their mechanic's lien, which gives them a legal claim against the car itself for the outstanding repair costs.