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Simple English definitions for legal terms
prejudgment attachment
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A quick definition of prejudgment attachment:
Prejudgment attachment is a legal process where a person's property is seized before a judgment is made in a lawsuit. This is done to ensure that if the plaintiff wins the case, they will be able to recover the amount owed through the sale of the seized property. A hearing is usually required before the attachment takes place, and the creditor may need to post a bond for any damages that result from the seizure. Prejudgment attachment can also refer to the arrest of a person who is in contempt of court or is held as security for the payment of a judgment.
A more thorough explanation:
Prejudgment attachment is a legal process where a creditor seizes a debtor's property before a judgment is made in a lawsuit. This is done to ensure that the creditor will be able to recover their money if they win the case. There are different types of prejudgment attachment:
- Provisional attachment: This is when the debtor's property is seized so that if the creditor wins, they can sell the property to recover their money.
- Ancillary attachment: This is when property is seized and held until the plaintiff's claim is resolved.
For example, if a person owes money to a creditor and refuses to pay, the creditor can file a lawsuit and request a prejudgment attachment. If the court grants the request, the creditor can seize the debtor's property, such as a car or a house, to ensure that they will be able to recover their money if they win the case.
Another example is when a person owes child support or alimony. The court can order an attachment of wages, which means that a portion of the person's earnings will be deducted from their paycheck and paid to the creditor.