Legal Definitions - provisional attachment

A provisional attachment is a temporary legal measure ordered by a court to secure a potential judgment in a lawsuit. It allows a plaintiff (the person or entity suing) to temporarily seize or place a lien on a defendant's (the person or entity being sued) assets, such as bank accounts, real estate, or other property, *before* the court has made a final decision in the case.

The primary purpose of a provisional attachment is to prevent the defendant from selling, transferring, or hiding their assets during the course of litigation. This ensures that if the plaintiff ultimately wins the lawsuit, there will be property available to satisfy the judgment. The term "provisional" highlights that this attachment is not permanent; it can be lifted if the plaintiff loses the case, if the defendant provides an alternative form of security, or if the court decides it is no longer necessary.

Here are some examples illustrating how provisional attachment works:

• Business Dispute Over Unpaid Invoices: A small manufacturing company, "PartsCo," sues a larger client, "AssemblyCorp," for $500,000 in unpaid invoices for custom components. PartsCo's lawyers discover that AssemblyCorp is quietly selling off some of its machinery and property, raising concerns that AssemblyCorp might try to avoid paying if PartsCo wins the lawsuit. PartsCo could ask the court for a provisional attachment on some of AssemblyCorp's remaining assets, such as a specific piece of real estate or a significant bank account, to ensure that $500,000 worth of assets are preserved until the case is decided.

  This illustrates provisional attachment because the court would temporarily secure AssemblyCorp's assets *before* a final judgment. If PartsCo wins, those attached assets could be used to satisfy the debt. If PartsCo loses, the attachment would be lifted, and AssemblyCorp would regain full control of its property.

• Contract Breach and Asset Flight: A software development firm, "InnovateTech," enters into a contract with a client, "Global Solutions," to develop a complex enterprise system. Global Solutions breaches the contract, causing InnovateTech significant financial losses. InnovateTech sues Global Solutions for damages. During the litigation, InnovateTech learns that Global Solutions is attempting to transfer substantial funds from its domestic bank accounts to offshore accounts, making it difficult to collect any future judgment. InnovateTech could seek a provisional attachment on Global Solutions' remaining domestic bank accounts or other accessible assets.

  Here, the provisional attachment serves to freeze specific assets (bank accounts) of Global Solutions. This temporary measure prevents Global Solutions from moving its money out of reach, thereby preserving funds that could be used to pay InnovateTech if InnovateTech wins its breach of contract lawsuit.

• Recovery of a Personal Loan: Ms. Chen loaned a significant sum of money to Mr. Davis, who promised to repay it with interest. Mr. Davis defaulted on the loan and has since stopped communicating. Ms. Chen sues Mr. Davis to recover the debt. Her attorney discovers that Mr. Davis is in the process of selling his primary residence and a valuable antique car, seemingly with the intent to disappear or make his assets unavailable. Ms. Chen could petition the court for a provisional attachment on Mr. Davis's house and car.

  This example demonstrates a provisional attachment because the court would temporarily prevent Mr. Davis from selling his house and car. This action ensures that if Ms. Chen wins her lawsuit for the unpaid loan, there will be tangible assets available from which she can collect the judgment, rather than finding Mr. Davis has no accessible property left.