Simple English definitions for legal terms
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A provisional attachment is when someone's property is taken to ensure that a judgment can be paid if the person loses a lawsuit. This is done before the judgment is made. Usually, a hearing is held before the property is taken, and the person who wants to take the property has to pay for any damages that happen because of the seizure. It can also mean when a person's wages are taken to pay off a debt.
Provisional attachment is a legal term that refers to the seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. It can also refer to the arrest of a person who is in contempt of court or is to be held as security for the payment of a judgment.
For example, if someone owes money to a creditor and the creditor believes that the debtor may try to hide or dispose of their assets to avoid paying the debt, the creditor may seek a provisional attachment to seize the debtor's property. This way, if the creditor ultimately prevails in court, they will be assured of recovering on the judgment through the sale of the seized property.
Another example of provisional attachment is the attachment of wages. This is when a plaintiff attaches 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, provisional attachment is a legal tool used to secure a judgment or to ensure that a debtor pays their debts. It can involve the seizure of property, the arrest of a person, or the attachment of wages.