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Simple English definitions for legal terms

writ of attachment

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A quick definition of writ of attachment:

A writ of attachment is a legal order that allows a sheriff or marshal to take someone's property early in a court case to make sure the person who filed the case gets paid if they win. The person who filed the case must meet certain requirements and show that they will probably win. The court must also make sure the person who owns the property is treated fairly. If the person who filed the case wins, the property will be used to pay them. If they lose, they may have to pay the person who owns the property.

A more thorough explanation:

A writ of attachment is a legal order that allows a plaintiff to seize a defendant's property early in a case to ensure that the plaintiff can receive adequate damages. This means that if the plaintiff wins the case, they can use the seized property to pay for the damages. However, the court must ensure that the defendant's due process rights are protected.

In order to receive a writ of attachment, the plaintiff must meet certain requirements. For example, the claim against the defendant must be on a contract, for a specific amount of money, and not a fully secured debt. Additionally, the plaintiff must show that they are likely to win the case and that there is a special need to ensure damages can be paid.

Both federal and state governments allow writs of attachment in different circumstances. For example, if a business owes money to another business, the creditor can request a writ of attachment to seize the debtor's property. However, the court may require the plaintiff to post a bond in case they lose the case and the defendant is harmed by the writ of attachment.

Due process typically requires a court hearing with notice given to the defendant. However, in some circumstances, a court may issue a writ of attachment without notice if the plaintiff can prove with a high level of certainty that they will win the case and that they could not be effectively compensated for damages without the writ.

For example, if a contractor is owed money by a homeowner for work done on their house, the contractor may request a writ of attachment to seize the homeowner's property. If the court approves the writ, the contractor can seize the property and sell it to pay for the damages if they win the case.

writ | writ of certiorari

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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